M.Chinnamuthu v. The Tamil Nadu Public

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.39761 of 2018 M.Chinnamuthu ... Petitioner Vs.

1.The Tamil Nadu Public Service Commission Represented by its Chairman Frazer Bridge Road VOC Nagar, Part Town, Chennai - 600 003.

2.The Department of Co-operatives Societies Represented by its Registrar No.170, NV Natarajan Maaligai, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to directing the 1st and 2nd Respondents to consider the Petitioner's candidature on merits to that of his Junior's for the post of Junior Inspector of Co-operative societies in the 2nd respondent Department and by taking into consideration his Educational Qualification, age as also giving preference to his service rendered in the 2nd respondent Society and issue such further or other appropriate orders or directions.

For Petitioner : Mr.T.Dharani For R1 : Ms.G.Hema [For TNPSC] For R2 : Mr.R.P.Murugan Raja Government Advocate

O R D E R

The relief sought for in the present writ petition is to direct the respondents 1 and 2 to consider the petitioner's candidature on merits to that of his juniors for appointment to the post of Junior Inspector of Co-operative Societies.

2. The petitioner states that he participated in the process of selection for appointment to the post of Junior Inspector of Co-operative Societies. The petitioner was working as Gold Appraiser in the Chemplast Employees Cooperative Thirft and Credit Society limited, Mettur from 16.09.2004 to 11.10.2009. Based on his services in the Co-operative Society, the petitioner claims that 50% of the post is to be allotted to the employees of the Cooperative Society as per the Government rules in force.

3. The learned counsel appearing on behalf of the 1st respondent / Tamil Nadu Public Service Commission made a submission that the petitioner was not reached the zone of consideration for admission to the oral test in the open category. As far as the claim of the writ petitioner for the priority is concerned, the Government issued G.O.Ms.No.92, Co-operation, Food and Consumer Production (CH-2) Department, dated 06.07.2018, the provision for 15% vacancies is to be filled up by the Supervisor of the Co-operative Societies and other non-official employees of the Co-operative Institutions have been deleted. Hence, the notification No.28/2018 dated 23.10.2018 for the said post, no vacancy has been earmarked for the departmental candidates.

4. It is further contended that the petitioner was holding the post of Gold Appraiser and which is not a regular employment in the Co-operative Society. Thus, he is not eligible to avail the benefits under the employees quota and more so, the quota itself has been abolished by the Government in its order issued in G.O.Ms.No.92 dated 06.07.2018. Beyond all these facts the petitioner had not reached the zone of consideration, who participated in the oral test and thus, at this length of time, there is no reason to consider the

relief as such sought for in the present writ petition to appoint the petitioner to the post of Junior Inspector of Co-operative Society.

5. Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 28.10.2022 Jeni Index : Yes Speaking order To 1.The Chairman The Tamil Nadu Public Service Commission Frazer Bridge Road VOC Nagar, Part Town, Chennai - 600 003.

2.The Registrar The Department of Co-operatives Societies No.170, NV Natarajan Maaligai, Periyar EVR High Road, Kilpauk, Chennai - 600 010.

S.M.SUBRAMANIAM, J.

Jeni 28.10.2022