T.Selvam v. The Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP (MD) Nos.6190 to 6192 of 2020 T.Selvam ... Petitioner -vs1.The Registrar of Cooperative Societies, No.170 Periyar EVR High Road NV Natarajan Maligai, Kilpauk, Chennai 600 010 2.The Joint Registrar of Cooperative Societies Joint Registrar Office, Pudukottai Region, Pudukottai.

3 The Deputy Registrar of Cooperative Societies Pudukottai Circle, Pudukottai.

4 The Secretary YP607 Thirumalairaya Samuthiram Primary Agricultural Cooperative Bank Ltd., Kaikurichi Post, Pudukottai District

5 The President, YP607 Thirumalairaya Samuthiram Primary Agricultural Cooperative Bank Ltd., Kaikurichi Post, Pudukottai District ... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd respondent in Na.Ka. 2481/2017/PoViThi-3 dated 23.09.2019 quash the same and consequently direct the respondents to accommodate the petitioner in any of the existing Salesman vacancy in the cooperative ration shops coming under the jurisdiction of the 4th respondent.

For Petitioner :

Ms.P.Kalaiyarasi Bharathi For Respondents :

Mr.A.Baskaran Additional Government Pleader

O R D E R

Challenging the impugned order of the 2nd respondent dated 23.09.2019 and for a direction to the respondents to accommodate the petitioner in any of the existing vacancy under the 4th respondent, the writ petition has been filed.

2. The learned counsel for the petitioner would submit that initially the petitioner was appointed as a Salesman on 03.11.1988 at the fourth respondent cooperative bank on consolidated pay and subsequently conferred with permanent status and time scale of pay was fixed. While so, due to the family situation of the petitioner, the petitioner was on medical leave, which has been periodically extended upto 31.01.1998. When the petitioner approached the 4th respondent to rejoin duty, his request was rejected. After several requests and petitions filed before the first and second respondents for reinstatement of the petitioner, an enquiry officer was appointed, who gave a report thereby rejecting his request on 13.09.

2011 and a revision filed before the 2nd respondent under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983, the order of the enquiry officer was confirmed vide order dated 29.03.2012, thereby confirming the order of removal. Thereafter, the petitioner was reinstated into service on 01.03.2016 at Thethampatti Ration shop. Subsequently, he was transferred to Veppangudi shop.

him. Hence, the petitioner made a representation to the respondents 2 and 4. However, the 2nd respondent vide impugned order dated 23.09.2019 stated that since the petitioner was relieved as early as in the year 2012, he cannot be given provided with any job. It is the specific contention of the learned counsel that when the termination order was passed in the year 2012, thereafter, the petitioner was appointed by the fourth respondent as a Salesman and violating his own decision, he cannot now turn around and state that the petitioner is not entitled to be considered for any job. Since the impugned order itself is illegal and arbitrary, the learned counsel prays for appropriate direction.

4. Heard the learned Additional Government Pleader for the respondents.

5. It is the case of the petitioner that during the year 1988, he was appointed as Salesman on consolidated pay and subsequently conferred with permanent status. It is also equally not in dispute that due to the unauthorized absence, the petitioner was relieved from service in the year

2012 and subsequently, he was allowed to join as Salesman in the ration shop of the fourth respondent Society. The removal of the petitioner in the year 2012 was based on the fact that without permission from the department, the petitioner went for Singapore for employment and hence, the said termination order was confirmed by the 2nd respondent on 29.03.2012. However, without challenging the said order dated 29.03.2012, the petitioner claims that he was once again appointed in the year on 01.03.2016. However, neither the appointment order nor the transfer order is placed before this Court to substantiate his claim. Without there being a challenge to the order dated 29.03.2012, the petitioner cannot challenge the impugned order passed by the 2nd respondent dated 23.09.2019. Therefore, the relief sought for by the petitioner cannot be granted. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petitions are closed.

03.01.2023 NCC : Yes/No Index : Yes/No Internet : Yes RR

To 1.The Registrar of Cooperative Societies, No.170 Periyar EVR High Road NV Natarajan Maligai, Kilpauk, Chennai 600 010 2.The Joint Registrar of Cooperative Societies Joint Registrar Office, Pudukottai Region, Pudukottai.

3 The Deputy Registrar of Cooperative Societies Pudukottai Circle, Pudukottai.

M.DHANDAPANI, J.

RR W.P.(MD) No.6794 of 2022 03.01.2023