G.Anitha, v. The Joint Registrar (Law And
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.8566 of 2015 and M.P.(MD)No.1 of 2015 G.Anitha ... Petitioner Vs.
1.The Joint Registrar (Law and Training), Selection Control Officer, The State Recruitment Bureau, Office of the Registrar of Cooperative Societies, Chennai 10.
2.The Joint Registrar of Co-operative Societies, Ramanathapuram Division, Ramanathapuram.
3.The Joint Registrar of Co-operative Societies, Nagercoil Division, Nagercoil, Kanyakumari District.
4.The President, R.R.1399, Keelkulam Primary Agricultural Co-operative Credit Society, Ramanthapuram District.
5.The President, Y.11, Kanyakumari District Central Co-operative Bank Limited, Kanyakumari District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's request, dated 12.05.2015 for re-posting her to any one of the available vacancies in the post of Assistant in any one of the co-operative societies in Kanyakumari District from the present place at Keelkulam Primary Agricultural Co-operative Credit Society, Ramanathapuram District. For Petitioner : Mr.N.Dilipkumar For R1 to R3 : Mr.V.Anand Government Advocate For R4 : Mr.MRajarajan
ORDER
Seeking for a direction to the respondents to re-post the petitioner to any one of the available vacancies in the post of Assistant in any of the co-operative societies in Kanyakumari District from the present place at Keelkulam Primary Agricultural Co-operative Credit Society, Ramanathapuram District, by considering her representation, dated 12.05.2015, the present petition has been filed.
2.Heard the learned Counsel appearing on both sides and perused the materials available on record.
3.According to the learned Counsel for the petitioner, the petitioner, who is working as an Assistant in the third respondent Society, has requested the respondents to re-post her to any one of the available vacancies in the post of Assistant in any of the cooperative societies in Kanyakumari District. In this regard, she made representation, dated 12.05.2015, to the respondents, but no action was taken till date. Hence, she approached this Court. 4.The learned Counsel for the petitioner also produced before this Court, a copy of the resolution passed by the concerned societies, dated 29.05.2017, to the effect that accepting the request of the petitioner for her transfer.
5.The learned Government Advocate appearing for the respondents 1 to 3, on instructions, submitted that the representation of the petitioner would be considered on merits.
6.Under such facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 12.05.2015, and pass appropriate orders, on merits and in accordance with law, and also in the light of the resolution, dated 29.05.2017 passed by the fourth and fifth respondent societies, after affording opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of, on the above terms. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS )
cmr To 1.The Joint Registrar (Law and Training), Selection Control Officer, The State Recruitment Bureau, Office of the Registrar of Cooperative Societies, Chennai 10.
2.The Joint Registrar of Co-operative Societies, Ramanathapuram Division, Ramanathapuram.
3.The Joint Registrar of Co-operative Societies, Nagercoil Division, Nagercoil, Kanyakumari District.
1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-54094[F] dated 14/03/2019 ) +1 CC to M/s.SPL GP ( SR-54525[F] dated 15/03/2019 ) ORDER MADE IN W.P.(MD)No.8566 of 2015 14.03.2019 DS/ /SAR- (22.04.2019) 3P 6C