S. Arivudai Nambi, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Tamil Nadu Grama Bank Officers Association rep. By its General Secretary, S.Arivudai Nambi : Petitioner versus 1.The Chairman, National Bank for Agriculture & Rural Development, Plot C-24, G Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai 400051 2.The Chairman, Tamil Nadu Grama Bank, No.6, Yercaud Main Road, Hasthampatti, Salem 636 007 : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration declaring that the Tamil Nadu Grama Bank (Officers & Employees) Service Regulations, 2019 as null and void and ultra-vires to the provisions of the Regional Rural Bank, 1976 which was not notified as per the provisions of the Regional Rural Banks Act, 1976 and consequently, direct the 2nd respondent to withdraw all measures and proceedings initiated under the un-notified Tamil Nadu Grama Bank (Officers & Employees) Service Regulations, 2019. For the Petitioner :

Mr.M.L.Joseph for M/s.Chennai Law Associates

For Respondent No.2 :

Mr.Raghunathan, for M/s.T.S.Gopalan & Co.

No appearance for the first respondent

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.L.Joseph, learned counsel for the petitioner and Mr.Raghunathan, learned counsel appearing for the second respondent.

2. The petitioner seeks declaration that the Tamil Nadu Grama Bank (Officers & Employees) Service Regulations, 2019 is null and void and ultra-vires the provisions of the Regional Rural Banks Act, 1976.

3. The learned counsel for the second respondent, on instructions, submits that the Government has conveyed its approval to publish the notification by the Tamil Nadu Grama Bank in the official gazette, in line with the notification already published in respect of the erstwhile Pallavan and Pandiyan Grama Bank.

4. In view of the fact that principally it has been agreed to

publish the notification, nothing survives for further adjudication in the petition.

5. We have recorded the statement of learned counsel for the second respondent. In case, the regulations published are detrimental to the interest of the petitioner, then, it would be open to the petitioner to assail the same, and in that event, all contentions are kept open.

6. The writ petition is accordingly disposed of. There shall be no order as to costs. Consequently, WMP (MD) No.15882 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 30.01.2024 Index : Yes/No : Yes/No tar To 1.The Chairman, National Bank for Agriculture & Rural Development, Plot C-24, G Block, Bandra Kurla Complex, BKC Road, Bandra East, Mumbai 400051 2.The Chairman,

Tamil Nadu Grama Bank, No.6, Yercaud Main Road, Hasthampatti, Salem 636 007

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 30.01.2024