R.Nagavalli, Salesman, v. The Registrar Of Cooperative
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2019
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.8663 of 2019 R.Nagavalli ... Petitioner vs.
1.The Registrar of Cooperative Societies, Kilpauk, Chennai - 600 010.
2.The Deputy Registrar of Cooperative Credit Societies, Periyakularm, Theni District.
3.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar of Cooperative Societies, Theni.
4.The President/Secretary, MDSPL 50, Primary Agricultural Cooperative Thrift Society, Silvarpatti, Periyakulam, Theni District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus directing the respondents herein to consider the representation of the petitioner dated 06.02.2018 for appointment as Salesman in Silvarpatti Fair Price Shop of MD SPL 50 Silvarpatti, Primary Agricultural Cooperative Society, Periyakulam Taluk, Theni District or any other Fair Price Shops in Theni District. For Petitioner :
Mr.K.Appadurai For R1 to R3 :
Mr.S.Angappan Government Advocate
ORDER
This writ petition has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 06.02.2018 for appointment as Salesman in the Fair Price Shop of MD SPL 50 Silvarpatti, Primary Agricultural Cooperative Society, Periyakulam Taluk, Theni District.
2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents 1 to 3. In view of the nature of the order, which is going to be passed hereunder, no notice is required to the fourth respondent.
3.The case of the petitioner is that initially she served as a Salesman in the fourth respondent Cooperative society. Thereafter, she was removed from service. Hence, she made several representations dated 10.01.2007, 05.10.2009 and finally on 06.02.2018 seeking appointment. Since the same have not been considered so far by the respondents, the petitioner is before this Court with the aforementioned prayer.
4.The learned counsel appearing for the petitioner submitted that there are number of vacancies available and therefore, the petitioner's claim, seeking employment in the fourth respondent Society, may be directed to be considered by the respondents 2 and 3.
5.The leaned Government Advocate appearing for the respondents 1 to 3, on instructions, submitted that if any vacancy is available as stated by the learned counsel for the petitioner, the representation of the petitioner would be considered on merits and appropriate orders be passed by the respondents 2 and 3. 6.Considering the facts and circumstances of the case and having regard to the submissions made on either side, this Court, without going into the merits of the case, directs the respondents 2 and 3 to consider the representation of the petitioner dated 06.02.2018 and pass appropriate orders on merits and in accordance with law within a period eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
7.The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) mj To 1.The Registrar of Cooperative Societies, Kilpauk, Chennai - 600 010.
2.The Deputy Registrar of Cooperative Credit Societies, Periyakularm, Theni District.
3.The Joint Registrar of Cooperative Societies, Office of the Joint Registrar of Cooperative Societies, Theni.
+1CC TO MR.K.APPADURAI, Advocate Sr. No.60056 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 60380 W.P(MD) No.8663 of 2019 10.04.2019 SRK(CO) TR (06.05.2019) 3P 6C