S.Marimuthu v. The Joint Registrar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2019
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.32295 of 2019 S.MARIMUTHU ... Petitioner Vs 1 The Joint Registrar O/o. The Joint Registrar of Co-Operative Society, Tiruvannamalai Zone, Tiruvannamalai District.
2 The Deputy Registrar O/o. The Deputy Registrar of Co-operative Society, Tiruvannamalai zone, Tiruvannamalai District.
3 The President H.H.No. 219,Chengam Agricultural Producers Marketing Society Ltd, Tiruvannamalai Zone, Tiruvannamalai District.
...Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioners representation dated 15.02.2019 and thereby direct the 1st and 2nd respondents to permit the 3rd respondent society to promote the petitioner as Junior Assistant on the light of resolution No.2 dated 28.02.2018 passed by the 3rd respondent society. For Petitioner : Mr.A.Rajesh Kanna For Respondents : Mr.L.P.Shanmugasundaram Spl.G.P., for co-operative
ORDER
1.The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus to direct the respondents 1 and 2 to consider the petitioners representation dated 15.02.2019 and thereby direct the 1st and 2nd respondents to permit the 3rd respondent society to promote the petitioner as Junior Assistant on the light of resolution No.2 dated 28.02.2018 passed by the 3rd respondent society.
2.Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents(co-operative).
3.According to the petitioner, she was selected and appointed as Sales woman in Cooperative Societies, by the first respondent vide proceedings dated 02.08.2010 and pursuant to the said orders she was posted in shop No.1 of H.H.No.219, Chengam Agricultural Producers Marketing Society Ltd., by order dated 21.08.2010, by the 3rd respondent. According to the petitioner she is fully eligible for the promotion to the post of Jr. Assistant and she also made a representation on 15.02.2019 to the first and second respondents to consider her, for promotion to the said post. The grievance of the petitioner is that despite receipt of the representation by the respondents, no orders have been passed by them. Hence the petitioner is before this Court.
4.The learned counsel appearing for the petitioner would submit that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents No.1 and 2 to consider the petitioner's representation dated 15.02.2019 and to pass appropriate orders.
5.The learned Special Government Pleader appearing for the respondents while conceding the claim of the petitioner, would submit that if any such direction is given by this Court, the same would be complied with and the representation of the petitioner would be disposed of in accordance with law. 6.Considering the facts and circumstances of the case and the submissions made on either side, without going into the merits of the case, the respondents No.1 and 2 are directed to consider and dispose of the representation dated 15.02.219 made by the petitioner in accordance with law and on merits, within a period of 3 weeks from the date of receipt of a copy of this order.
7.The writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1 The Joint Registrar O/o. The Joint Registrar of Co-Operative Society, Tiruvannamalai Zone, Tiruvannamalai District.
2 The Deputy Registrar O/o. The Deputy Registrar of Co-operative Society, Tiruvannamalai zone, Tiruvannamalai District.
3 The President H.H.No. 219,Chengam Agricultural Producers Marketing Society Ltd, Tiruvannamalai Zone, Tiruvannamalai District.
+1 cc to M/s.L.P.Shanmugasundaram,Advocate Sr.No. 95762 +1 cc to M/s.A.Rajesh Kanna,Advocate Sr.No. 95390 AKM/04.12.19/3P-6C / W.P.No.32295 of 2019