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Madras High CourtWP/26039/2023dismissed

R.Kalaivani v. The Additional Registrar

2023-09-07Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.Kalaivani ... Petitioner

Versus

1.The Additional Registrar / Managing Director, Tamil Nadu Co-operative State, Agricultural and Rural Development, Bank Ltd., Chennai - 600 004.

2.The Special Officer, Tamil Nadu Co-operative State, Agricultural and Rural Development, Bank Ltd., Chennai - 600 004.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue an order, writ or any other direction particularly as a Writ of Certiorarified Mandamus calling for the records pertaining to the Impugned order in No.P.Pee/Co.12/2022 dated 03.03.2022 issued by the 1st respondent herein and quash / setaside the said impugned order so far as the petitioner is concerned and issue direction to the Respondents herein to treat the Educational Qualifications i.e., her promotion in 10th and +2 courses is valid as per Na.Ka.No.77074/2013 sa.pa3 dated 12.01.2017 and her graduation in B.Com., Degree acquired by the petitioner herein is equivalent to / on par with the Bachelor Degree as is prescribed by 1st respondent Bank and promote the petitioner as per his seniority to the post of Assistant. For Petitioner :

Mr.AL.Ramamoorthy For Respondents :

Mr.E.Sundaram Page No.1 of 5

ORDER

This Writ Petition has been filed to quash the impugned order in No.P.Pee/Co.12/2022, dated 03.03.2022 issued by the 1st respondent so far as the petitioner is concerned and issue direction to the respondents to treat the educational qualifications i.e., her promotion in 10th and +2 courses are valid as per Na.Ka.No.77074/2013 sa.pa3, dated 12.01.2017 and her graduation in B.Com., degree acquired by the petitioner is equivalent to / on par with the bachelor degree as is prescribed by 1st respondent Bank and promote the petitioner as per his seniority to the post of Assistant. 2.

The contention of the learned counsel for the petitioner is that the petitioner joined as Office Assistant in the Tamil Nadu Cooperative State Agricultural and Rural Development Bank at Nagapattinam in the year 1995 and thereafter, he cleared one arrear in 10th std and qualified B.Com., degree in Annamalai University and 12th std also. Now, the grievance of the petitioner is that though the petitioner has sufficient qualification for next promotion, she was not considered and not promoted. In this regard, she has given a representation, dated 04.12.2021 and the same was rejected by the 1st respondent vide order, dated 03.03.2022 in No.P.Pee/Co.12/2022, which is under challenge in this Writ Petition. Page No.

3.Mr.E.Sundaram, learned Government Advocate accepts notice on behalf of the respondents and submits that earlier, the request of the petitioner has already been rejected by the 1st respondent vide order, dated 22.07.2014 in No.P.Pee/Co.608/2014 which is not challenged so far. Now, for the same cause of action, the petitioner again gave a representation, dated 04.12.2021 and the same was rejected by the 1st respondent vide order, dated 03.03.2022 in No.P.Pee/Co.12/2022.

4.Heard the submissions made on either side and perused the entire materials available on records.

5.It is relevant to note that the petitioner's request has already been rejected by the 1st respondent in the year 2014 itself vide order in No.P.Pee/Co.608/2014, which appears to be not challenged by her. Such being the position, again she has given representation, dated 04.12.2021 and the same has also been rejected by the 1st respondent on 03.03.2022. Aggrieved over the same, the petitioner filed a revision before the appellate authority on 16.05.2023 and the same was rejected confirming the order of Page No.3 of 5

the 1st respondent, dated 03.03.2022.

6.In such view of the matter, this Court is of the view that when the grievance of the petitioner has already reached its finality in the year 2014, again giving representation for the same cause of action, cannot be entertained. Therefore, I do not find any merits in this Writ Petition and the same is dismissed. No costs.

07.09.2023 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order vv2 To 1.The Additional Registrar / Managing Director, Tamil Nadu Co-operative State, Agricultural and Rural Development, Bank Ltd., Chennai - 600 004.

2.The Special Officer, Tamil Nadu Co-operative State, Agricultural and Rural Development, Bank Ltd., Chennai - 600 004.

Page No.4 of 5

N.SATHISH KUMAR , J.

vv2 07.09.2023 Page No.5 of 5