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Madras High CourtWP(MD)/6478/2023allowed

Sundhari. M v. The Chairman / Joint Registrar

2023-03-24Honourable Mrs Justice S.Srimathy4 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Sundhari ... Petitioner Vs.

1.The Chairman/Joint Registrar, District Recruitment Bureau, (Dindigul Region), O/o. the Joint Registrar of Cooperative Societies, 2nd Floor, VN Valagam, Collectorate, Dindigul, Dindigul District.

2.The Deputy Registrar of Co-operative Societies, O/o. the Deputy Registrar of Co-operative Societies, Palani, Dindigul District.

3.The President, DD 548, Poothampatty Primary Agricultural Co-operative Credit Society, Poothampatty, Dindigul 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 third respondent to allow the petitioner to join duty as Assistant by issuing order of appointment in the light of Selection order issued by the first respondent by his proceedings in e.f.vz;.4415/2017/nt.nr.r(21) dated 25.02.2021 and in light of recommendation made by the second respondent by his proceedings in 1/4

e.f.827/2012/ntnrr dated 03.03.2022 and by considering the petitioner's representation dated 15.03.2022 and 17.02.2023 within a period that may be stipulated by this Court.

For Petitioner : Mr.B.Senthil Kumar For R-1 and R-2 : Mr.K.S.Selva Ganesan, Additional Government Pleader.

ORDER

This Writ Petition is filed for Mandamus, directing the third respondent to allow the petitioner to join duty as Assistant by issuing order of appointment in the light of Selection order issued by the first respondent dated 25.02.2021 and in light of recommendation made by the second respondent dated 03.03.2022 and by considering the petitioner's representation dated 15.03.2022 and 17.02.2023.

2. The contention of the petitioner is that he had participated in the recruitment process and was selected. The first respondent has issued selection order to that effect. Based on the selection order, the second respondent passed an order recommending the appointing authority to appoint the petitioner. However, the third respondent has not issued any appointment order to the petitioner. Hence, the petitioner is before this Court. 2/4

3. This Court is of the considered opinion that the petitioner is entitled to be considered based on the orders / recommendation of the first and second respondents. Therefore, third respondent is directed to consider the petitioner's candidature in the light of orders passed by the first and second respondents dated 25.02.2021 and 03.03.2022. The said exercise shall be completed within a period of two (2) weeks from the date of receipt of a copy of this order.

4. In view of the above, this Writ Petition is allowed. No costs. 24.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr To 1.The Chairman/Joint Registrar, District Recruitment Bureau, (Dindigul Region), O/o. the Joint Registrar of Cooperative Societies, 2nd Floor, VN Valagam, Collectorate, Dindigul, Dindigul District.

2.The Deputy Registrar of Co-operative Societies, O/o. the Deputy Registrar of Co-operative Societies, Palani, Dindigul District.

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S.SRIMATHY, J.

Nsr 24.03.2023 4/4