U.Pramila, v. The Registrar Of Cooperative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.07.2018
CORAM
THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.16316 of 2018 and WMP.No.19464 of 2018 U.Pramila ...
Petitioner ..vs..
1. The Registrar of Cooperative Societies, No.170, E.V.R.Periyar High Road, Kilpauk, Chennai-600 010.
2. The President, Allahabad Bank Staff Cooperative Thrift and Credit Society Ltd.,-XC-140, Apex Chamber, No.20, Sir.Thiyagaraya Road, T.Nagar, Chennai-17.
...
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Mandamus directing the first respondent to dispose of the petitioner's written representation dated 19.03.2018 for regularize the petitioner's service as Clerk in the 2nd respondent society by taking note of circular issued by the Registrar of Cooperative Societies in Circular No.21/2007 in Rc.No.103607/2007/SF3, dated 30.08.2007. For Petitioner : Mr.C.Prakasam For Respondents: Mr.L.P.Shanmugasundaram Special Government Pleader (Co.op)
ORDER
This Writ Petition has been filed seeking for a direction to the first respondent to dispose of the petitioner's written representation dated 19.03.2018 for regularization of the
petitioner's service as a Clerk in the 2nd respondent society by taking note of circular issued by the Registrar of Cooperative Societies in Circular No.21/2007 in Rc.No.103607/2007/SF3, dated 30.08.2007.
2. Mr.L.P.Shanmugasundaram learned Special Government Pleader (Co.op) accepts notice for the respondents.
3. By consent of both sides, this Writ Petition is taken up and disposed of at the stage of admission itself.
4. The grievance of the petitioner is that though he is working with the second respondent since 2002, he has not been regularised. In this regard he made a representation to the Registrar of Co-operative Societies on 19.03.2018. But, the same is yet to be considered and the first respondent is yet to take decision on the representation of the petitioner. Hence, he has come forward with this Writ Petition seeking for the aforesaid relief.
5. Heard the learned counsel for the petitioner as well as the learned Special Government Pleader who accepts notice on behalf of the respondents.
6. The learned counsel appearing for the petitioner would submit that it would suffice if the representation of the petiitoner dated 19.03.2018, may be directed to be considered and disposed of by the first respondent, within a stipulated period.
7. The learned Special Government Pleader appearing for the respondents would submit that the petitioner appointment is irregular and sought time to file counter. He would further submit that the Assistant Registrar of Co-operative Societies is a competent person to consider the representation of the petitioner.
8. Considering the fact that the representation filed by the petiitoner before the first respondent is pending, this Court is of the view that no useful purpose is going to be served in seeking counter affidavit from the respondents.
9. Regard being had to the aforesaid facts and submissions made, this Writ Petition is disposed of with a direction to the first respondent to send the representation of the petitioner dated 19.03.2018 to the Assistant Registrar of Co-operative Societies, who inturn on receipt of the same, shall take an informed decision, on merits and in accordance with law, if there is no legal impediment in disposing of the same. The said exercise shall be carried out within a period of eight weeks
from the date of receipt of a copy of this order. However, this Court by this order has expressed no merits on the representation. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar arr To
1. The Registrar of Cooperative Societies, No.170, E.V.R.Periyar High Road, Kilpauk, Chennai-600 010.
2. The President, Allahabad Bank Staff Cooperative Thrift and Credit Society Ltd.,-XC-140, Apex Chamber, No.20, Sir.Thiyagaraya Road, T.Nagar, Chennai-17.
+1cc to Mr.C.Prakasam, Advocate SR.No.43420 +1cc to Mr.L.P.Shanmugasundaram, Advocate SR.No.43301 WP.No.16316 of 2018 RJ(CO) GN(17/07/2018)