Baskaran v. The Registrar Of Co-Operative Society

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Baskaran

...Petitioner

Vs.

1. The Registrar of Co-Operative Society, No.170, Periyar EVR Salai, Kilpauk, Chennai.

2. The Joint Registrar of Co-Operative Society, The Joint Registrar of Co-operative Society Office, Thanjavur District.

3. The Deputy Registrar of Co-Operative Society, Pattukkottai, Thanjavur District.

4. The Secretary of Co-Operative Society, Mela Ulur, Orathanadu Taluk, Tanjavur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 2 to 4 1/6

to consider and promote the petitioner to the post of Junior Clerk by considering his representation dated 19.07.2023. For Petitioner : Mr.T.Lenin Kumar For Respondents : M/s.S.Shaji Bino Special Government Pleader

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The present writ petition has been filed seeking direction to the respondents 2 to 4 to promote the petitioner to the post of Junior Clerk by considering his representation dated 19.07.2023.

3. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- (i) The petitioner was appointed as a salesman on 14.05.1991 in T.1663 Mela Ulur Primary Agriculture Co-operative Bank. On 22.12.1999, a resolution was passed in the bank to promote the petitioner in the post of Junior Clerk, as 2/6

such, he was paid one month salary payable for the post of Junior Clerk for the month of March 2000. Thereafter, he was paid salary payable to the post of Salesman. Eventhough, the petitioner possesses sufficient qualifcations for promotion, he was continued as Salesman. On the other hand, the respondent by way of direct recruitment appoints several ineligible persons as Junior Clerk. On 22.01.2009, the petitioner made a representation to the 3rd respondent to consider the petitioner's case and promote him for the post of Junior Clerk. The same was not considered and the representation was returned seeking certain particulars.

(ii) Thereafter, the petitioner with appropriate details had made another representation on 19.07.2023. After receipt of this representation, the 3rd respondent, vide proceedings, dated 24.08.2023 informed the petitioner that the 4th respondent is directed to promote him to the post of Junior Clerk. However after the passage of six months, the petitioner is not promoted to the post of Junior Clerk. Hence, this writ petition came to be filed. 3/6

4. Heard, the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. Carefully perused the materials available on record.

5. Considering the limited scope of relief sought for by the petitioner, this Court hereby direct the respondents 2 to 4 to consider the respresentation of the petitioner dated 19.07.2023 and pass appropriate orders in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition stands disposed of. No costs. 12.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To

1. The Registrar of Co-Operative Society, No.170, Periyar EVR Salai, Kilpauk, Chennai.

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2. The Joint Registrar of Co-Operative Society, The Joint Registrar of Co-operative Society Office, Thanjavur District.

3. The Deputy Registrar of Co-Operative Society, Pattukkottai, Thanjavur District.

4. The Secretary of Co-Operative Society, Mela Ulur, Orathanadu Taluk, Tanjavur District.

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L.VICTORIA GOWRI, J.

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