S.Kalarani, v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-01-2026
CORAM
THE HON'BLE MR JUSTICE C. SARAVANAN IN WP No. 24353 of 2013 S.Kalarani, W/o.S.Mukuntha Madhavan, TB-2, New TNHB, I Phase, Royakottai Road, Krishnagiri 635 105.
..Petitioner(s) Vs
1. The Secretary To Government, Labour And Employment Department, Fort St.
George, Chennai 600 009.
2. The District Employment Officer, Employment Office, Palayapettai, Krishnagiri 635 001.
3. The Joint Registrar of Cooperative Societies, Krishnagiri Region, C/o.L.D.Bank, Cooperative Colony, Krishnagiri 635 001.
..Respondent(s) Prayer in WMP No. 56674 of 2025: This Writ Miscellaneous Petition filed under Article 226 of the Constitution of India, to modify the Operative Portion of the order dated 07.03.2025 made in WP.No. 24353 of 2013 to the effect that the petitioner is deemed to have been appointed with effect from the
date on which her immediate Junior one Mr.P.Arumugam or Mr.T.Murugan who were appointed based on their acquisition of D-Coop Qualification in 1990 and 1991 and based on their Employment Seniority in 1990 and 1991 in KK 168, Naripalli Primary Agriculture Cooperative Society, Naripalli, Arur Taluk, Krishnagiri District and post her in any one of the existing Cooperative Society under the control of the third respondent with all consequential service and monetary benefits.
Prayer in WP.No.24353 of 2013:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the District Employment Officer, Krishnagiri, the second Respondent herein made in Ve.Vu.Neel/1536/2013 dt.22.04.2013 quash the same and direct the second Respondent herein to sponsor the name of the petitioner to the third Respondent for eventual notional appointment to the post of clerk in any of the societies coming under his control if necessary by relaxing the rules if any in her favour from the date on which her junior in terms of employment registration was appointed with all consequential continuity of services and all attendant monetary benefits and disburse all the arrears within a short date that may be fixed by this Court.
For Petitioner(s):
Mr.K.Rajkumar K.Abiya S.Sheiik Thanveer Ahmed R.Nikkhilesh Athav For R1 & R3 :
Mr.V.Umakanth Government Advocate
ORDER
Two separate orders came to be passed in the cases of A.Rani in W.P.No.24352 of 2013 and S.Kalarani, the petitioner in W.P.No.24353 of 2013. Operative portion of the orders in respect of the respective petitioners are reproduced below:- S.
No Writ Petition No.
Name of the Petitioner Operative portion 1.
WP.No.24353 of 2013 S.Kalarani
8. The arguments made on behalf of the Respondents are not convincing.
Under these circumstances, the 2nd respondent is directed to sponsor the name of the petitioner to any of the post that may be available with the 3rd respondent Society. This exercise shall be completed by the Respondents within a period of six months from the date of receipt of a copy of this order.
2.
WP.No.24352 of 2013 A.Rani
8. Under these circumstances, there shall be a direction to the respondents to suitable accommodate the petitioner, taking note of the age of the petitioner and the qualification of the petitioner, if required, suitable relaxation may be obtained from the government for appointing the Petitioner. This exercise shall be completed by the Respondents within a period of six months from the ate of receipt of a copy of this order.
2. The facts in both cases are identical. It is therefore submitted that the two petitioners have been subjected to differential treatment by way of two separate orders passed on the same day, despite the cases arising out of identical facts.
3. The respondents have filed a copy of the instructions received from their office dated 30.01.2026, bearing reference R.O.C.No.2874/2025/Sa.Pa., wherein it has been stated as follows:- "5. It is submitted that Section 74 of the Tamil Nadu Cooperative Societies Act, 1983 and Rules 150 and 151 of the Tamil Nadu Co-operative Societies Rules, 1988 governs the recruitment of paid officers and servants for employment in all categories of registered co-operative societies.
6. In accordance with the above provisions, Govt. of Tamil Nadu in G.O.(Ms) No.135, Cooperation, food and Consumer Protection (CJ1) Department, dated 25.10.2012, constituted the state Recruitment Bureau (for Short "SRB") for the recruitment of paid officers and servants in cooperative societies. Subsequently, vide G.O.(Ms) No.04, Cooperation, Food and Consumer Protection (CJ1) Department, dated 05.01.2016, Recruitment Bureau for every revenue district was constituted for the same purpose. After the constitution of the recruitment bureaus, appointments have been regularised, and no irregular appointments have been entertained thereafter.
7. Later, Govt. of Tamil Nadu constituted the District Recruitment Bureau (DRB) for every district vide G.O. (Ms)No.108, Cooperation, Food and Consumer Protection (CJ1) Department, dated 23.09.2023, by exercising above said provisions, for the purpose of recruiting personnel for registered co-operative institutions. The said Government order mandates that all appointments to co-operative institutions shall be made only through the District Recruitment Bureau of the concerned revenue district to ensure
transparency, accountability, and merit based selection.
8. The District Recruitment Bureau shall issue notifications inviting applications from eligible candidates. After conducting written examinations and / or oral tests, the list of selected candidates shall be forwarded to the appointing authority of the concerned registered co-operative society to issue appointments.
9. In view of the above, petitioner's prayer to grant employment in any of the cooperative society by considering the seniority of the petitioner in employment exchange is not maintainable under law, as the recruitment of employees to registered co-operative societies in every revenue district is exclusively vested with the District Recruitment bureau concerned. Under these circumstances, I humbly prayed this Hon'ble Court to dismiss the prayer of the petitioner made in W.M.P.No.56674/2025, in view of the pendency of the Writ Appeal and facts of the case and thus render justice."
4. Since there are slight and specific factual variations between the two matters, certain modifications in the relief granted were considered necessary. Accordingly, it has been decided to allow the present application by modifying paragraph No.8 in W.P.No.24353 of 2013 so as to make it similar to the relief granted in W.P.No.24352 of 2013 in the case of Rani.
5. Registry is directed to carry out the said correction by amending paragraph No.8 of the order dated 07.03.2025 in WP.No.24353 of 2013. 30-01-2026 Index: Yes/No Speaking/Non-speaking order
To
1. The Secretary To Government, Labour And Employment Department, Fort St.
George, Chennai 600 009.
2. The District Employment Officer, Employment Office, Palayapettai, Krishnagiri 635 001.
3. The Joint Registrar Of Cooperative Societies, Krishnagiri Region, C/o.L.D.Bank, Cooperative Colony, Krishnagiri 635 001.
C.SARAVANAN, J.
av IN WP NO. 24353 OF 2013 30-01-2026