A.C.Murugan v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.C.Murugan ... Petitioner Vs.

1. The Registrar, Co-operative Societies, N.V.N. Natarajan Maaligai, 170, E.V.R.highways, Keelpackam, Chennai.

2. The Joint Registrar, Co-operative Societies, Chinnachokkikulam, Madurai Region, Madurai - 625 002.

3. The Deputy Registrar, Co-operative Societies, Usilampatti Circle, At Thirumangalam Taluk, Madurai District - 625 706.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondents especially 2nd Respondent to post the Petitioner as Secretary in any of the Block in Chellampatti and Usilampatti or any one of the Society in the District and pay all back wages attendant and monetary benefits during the periods the Petitioner is under compulsory wait i.e., for the periods from 27.03.2018 till the actual date of the Petitioner's posting and further regularize the above period as on duty.

For Petitioner :

Mr.V.R.Venkatesan For Respondents :

Mr. A.Baskaran Additional Government Pleader

O R D E R

This writ petition has been filed to direct the Respondents especially 2nd Respondent to post the Petitioner as Secretary in any of the Block in Chellampatti and Usilampatti or any one of the Society in the District and pay all back wages attendant and monetary benefits during the periods the Petitioner is under compulsory wait i.e., for the periods from

27.03.2018 till the actual date of the Petitioner's posting and further regularize the above period as on duty.

2. The learned counsel for the petitioner would submit that the petitioner is working as Secretary in Valanthur Primary Agricultural Cooperative Credit Society and the society was dissolved and liquidation proceedings are going on and therefore, neither the Board nor the Special Officer are not competent to decide the subject matter of the present issue. The petitioner joined in the post of Secretary in the above said society in the year 1987 and Since the petitioner is in common cadre service and earlier the said society was dissolved and however, after the dissolution of the society, the petitioner was not posted in any of the other society in the post of Secretary and hence, the petitioner made a representation on 23.09.2019 to post him as Secretary in any of the block in Chellampatti and Usilampatti Block or anyone of the society in the District and till date the same was not considered. Hence, the present writ petition is filed with the aforesaid prayer.

3. Considering the facts and circumstances of the case, this Court directs the respondents to consider the petitioner's representation, dated 23.09.2019 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

4. With the above direction, this writ petition is disposed of. No costs.

12.12.2022 Index : Yes / No Speaking Order : Yes / No RM

To

1. The Registrar, Co-operative Societies, N.V.N. Natarajan Maaligai, 170, E.V.R.highways, Keelpackam, Chennai.

2. The Joint Registrar, Co-operative Societies, Chinnachokkikulam, Madurai Region, Madurai - 625 002.

3. The Deputy Registrar, Co-operative Societies, Usilampatti Circle, At Thirumangalam Taluk, Madurai District - 625 706.

M.DHANDAPANI,J.

RM 12.12.2022