C.Chinnapaiyan v. The Registrar Of Cooperative Societies

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2019

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.34540 of 2018 and W.M.P.No.40073 of 2018 C.Chinnappaiyan ...

Petitioner Vs 1.The Registrar of Cooperative Societies 170, Periyar E.V.R.High Road, Kilpauk Chennai 600 010.

2.The Managing Director Dharmapuri District Central Cooperative Bank Limited, By-pass Road, Dharmapuri-636 701.

....

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents to promote the petitioner to the post of Assistant Manager in the second respondent District Central Cooperative Bank Limited based on the seniority finalized as per the order of the second respondent in Na.Ka.No.200/2012/B3 dated 07.12.2018 on par with juniors with all consequential and other attendant benefits.

For Petitioners :

M/s.G.Sankaran For Respondents :

Mr.L.P.Shanmugasundaram Special Government Pleader

O R D E R

The petitioner's name was included in Sl.No.30 in the seniority list in the panel for promotion as on 30.11.2018 in respect of the employees of Dharmapuri District Central Cooperative Bank Limited. While so, the second respondent issued orders dated 14.12.2018 for granting promotion to the post of Assistant Manager from the cadre of Assistants in respect of 38 persons against 51 posts, wherein the petitioner's name was omitted to be included, whereas number of his juniors who have been from Sl.No.24 till 38, have been promoted. Aggrieved by the same, the petitioner gave a representation to the respondents on 15.12.2018, which did not evoke any response. https://hcservices.ecourts.gov.in/hcservices/

Hence, the petitioner has filed this writ petition.

2. Mr.L.P.Shanmugasundaram, learned Special Government Pleader (Co-operatives) takes notice on behalf of the respondents. Heard the learned counsel on both sides and perused the materials placed on record.

3. In view of the limited relief sought for, this Court is of the view that it is not necessary to dwell into the merits of the issue, but it would be suffice to direct the respondents to consider the representation of the petitioner and pass orders on the same within a particular time frame.

4. In the above circumstances, this writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 15.12.2018 and pass orders thereon, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar kst To 1.The Registrar of Cooperative Societies 170, Periyar E.V.R.High Road, Kilpauk Chennai 600 010.

2.The Managing Director Dharmapuri District Central Cooperative Bank Limited, By-pass Road, Dharmapuri-636 701.

+1cc to Mr. L.P.Shanmugasundaram, Advocate, S.R.No. 2177 +1cc to Mr. G.Sankaran, Advocate, S.R.No. 2187 W.P.No.34540 of 2018 AK(CO) GN(08/02/2019) https://hcservices.ecourts.gov.in/hcservices/