R.Anbazhagi, v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2015

CORAM

THE HONOURABLE Mr. JUSTICE K.K.SASIDHARAN W.P.No.29439 of 2013 and M.P.Nos.1 and 2 of 2013 R.Anbazhagi

...Petitioner

vs.

1.The Joint Registrar of Coop. Societies, Nagapattinam Region, Nagapattinam, Nagapattinam District.

2.The President, 3194, Therizhindur Primary Agricultural Coop. Credit Society, Therinzhindur Village and Post, Kuthalam Taluk, Nagapattinam District.

3.Subramani

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified mandamus, calling for the entire records relating to the impugned order passed by the first respondent in his proceedings Na.Ka.No.5988/2012/A-3, dated 25.07.2013 and quash the same and consequently directing the respondents to give promotion to the petitioner as Secretary in the 2nd respondent society in the place of 3rd respondent herein. For Petitioner : Mr.C.Prakasam For Respondents : Mr.E.M.S.Natarajan, Govt.Advocate for R1 and R2

O R D E R

The petitioner was initially appointed as a Clerk in 3194, Therinzhindur Primary Agricultural Cooperative Credit Society. He was not given promotion inspite of working years together. It is the grievance of the petitioner that notwithstanding the seniority position, the third respondent, who was appointed subsequently was made Secretary Incharge. The petitioner unsuccessfully challenged the appointment of the third respondent as Secretary Incharge.

2. Feeling aggrieved by the order dated 25.07.2013 dismissing the revision by the second respondent, the petitioner is before this Court.

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3. When the writ petition was taken up for consideration, the learned counsel for the petitioner fairly submitted that the third respondent died during the currency of the writ petition and as such, the petitioner would be satisfied, in case, a direction is given to the second respondent to consider the claim of the petitioner for promotion to the post of Secretary Incharge.

4. The second respondent is directed to consider the claim of the petitioner in view of the subsequent event relating to the death of the third respondent. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

5. The writ petition is disposed of with the above direction. No costs. Connected miscellaneous petitions are closed. Sd/- Asst.Registrar(CS IV) Dt.,09.01.2015 /True Copy/ Sub Asst.Registrar svki To 1.The Joint Registrar of Coop. Societies, Nagapattinam Region, Nagapattinam, Nagapattinam District.

2.The President, 3194, Therizhindur Primary Agricultural Coop. Credit Society, Therinzhindur Village and Post, Kuthalam Taluk, Nagapattinam District.

+1cc to Mr. C. Prakasam,Advocate SR.No.241 +1cc to the Govt. Pleader SR.No.281 BR(CO) ka 09/01 W.P.No.29439 of 2013 05.01.2015 https://hcservices.ecourts.gov.in/hcservices/