R.Ravi v. The Joint Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.27216, 27219, 27221 & 27222 of 2022 and WMP.Nos.26417, 26418, 26421, 26422 & 26420 of 2022 WP.No.27216 of 2022 R.Ravi Z-581, Sembiyanmahadhevi Primary Agriculture and Co operative Credit Society, Sembiyanmahadevi Post, Keezhivelur TK, Nagapattinam District 611 111 1/8

and consequently to direct the first and second respondents to retain the petitioner with the third respondent as the same position. For R1 & 2 : Mr.T.M.Rajangam, Government Advocate : Dr.T.Seenivasan WP.No.27219 of 2022 S.V.Selvakumar Z-110, Aimazhi Primary Agriculture and Co operative Credit Society, Aimazhai Post, Nagapattinam TK, Nagapattinam District 611 108 2/8

and consequently to direct the first and second respondents to retain the petitioner with the third respondent as the same position. For R1 & 2 : Mr.T.M.Rajangam, Government Advocate : Mr.K.H.Ravikumar WP.No.27221 of 2022 T.Srithala Z-443, Panchayat Union Employees and Teachers Cooperative Thrift & Credit Society, Kilvelur Post and Taluk, Nagapattinam District 611 104 and consequently to direct the first and second respondents to retain the 3/8

petitioner with the third respondent as the same position. For R1 & 2 : Mr.S.Ravikumar, Special Government Pleader : Dr.T.Seenivasan WP.No.27222 of 2022 R.Senthil Kumar Z-706, Eravancheri Primary Agriculture and Cooperative Credit Society, Valmangalam Post, Nagapattinam TK, Nagapattinam District 609 703 and consequently to direct the first and second respondents to retain the petitioner with the third respondent as the same position. 4/8

For R1 & 2 : Mr.S.Ravikumar, Special Government Pleader : Mr.T.M.Rajangam COMMON ORDER These writ petitions have been filed challenging the order passed by the first respondent dated 29.09.2022 and the consequential order dated 30.09.2022 passed by the second respondent thereby relieved the petitioners from their respective deputational posts. 2.

The petitioners were appointed in various posts such as Attender and Office assistant with Cooperative Credit Society, Nagapattinam. While being so, the first respondent deputed the petitioners to the third respondents Societies on deputation for a period of one year on the ground of economy deficit. It was extended till 2021. Thereafter, the first respondent passed order dated 29.09.2022 thereby cancelled their deputation and redeputed to the parent society from third respondents.

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3.

On perusal of the counters filed by the first respondent revealed that as per Rule 149 sub-rule 2 (A) of the Tamilnadu Cooperative Societies Rules, 1988, a society may transfer an employee to another society for a period of not less than one year on deputation basis and the other society may avail the service of that employee on the terms and conditions agreed to by both the societies, provided that no such transfer shall be made for a period exceeding 3 years. Accordingly, the petitioners were deputed to the third respondents Societies and their periods of deputation were extended till the year 2021. The period of deputation had lapsed and accordingly, the first respondent cancelled their deputation and posted to their parent Society. 4.

Therefore, this Court finds no infirmity or illegality in the impugned orders and all the writ petitions are liable to be dismissed. Accordingly, all the writ petitions are dismissed. It is needless to say that the petitioners are entitled for salary for their respective posts. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

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22.08.2024 (3/3) Index: Yes/No Speaking/Non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 7/8

Z-581, Sembiyanmahadhevi Primary Agriculture and Co operative Credit Society, Sembiyanmahadevi Post, Keezhivelur TK, Nagapattinam District 611 111 4.The President, Z-110, Aimazhi Primary Agriculture and Co operative Credit Society, Aimazhai Post, Nagapattinam TK, Nagapattinam District 611 108 5.The President, Z-443, Panchayat Union Employees and Teachers Cooperative Thrift & Credit Society, Kilvelur Post and Taluk, Nagapattinam District 611 104 6.The President, Z-706, Eravancheri Primary Agriculture and Cooperative Credit Society, Valmangalam Post, Nagapattinam TK, Nagapattinam District 609 703 22.08.2024 (3/3) 8/8