P.Ramanathan, v. The Registrar Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07.06.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA WP(MD)No.10034 of 2016 and W.M.P(MD)No.7884 of 2016 P.Ramanathan .. Petitioner Vs.
1.The Registrar of Co-operative Society, N.V.Natarajan Maligai, 170, EVR Periyar High Road, Kilpauk, Chennai 10.
2.The Joint Registrar of Co-operative Society, The Joint Registrar's Office, Annavasal Road, Thiruvapur, Pudukottai District.
3.The Deputy Registrar of Co-operative Society, The Deputy Registrar's Office, Kamatchiamman Kovil Street, Aranthangi Town and Post, Pudukottai District.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to regularize the petitioners employment as attender at T1360 Kasavayal Primary Agriculture Co-operative Bank, Kasavayal, Pudukkottai District and consequently to give promotion as writer post considering the petitioner's seniority.
For Petitioner :
Mr.M.Ramu For Respondents :
Mr.T.R.Janarthanam, AGP
ORDER
The petitioner/Mr.P.Ramanathan, who was temporarily appointed as Office Assistant on daily wage basis in the Primary Agricultural Co-operative Bank in Aranthangi Town in 1997 has got
a grievance that one Mr.Thangaraj who is working as salesman in ration shop is going to be appointed as writer. The Special Officer has given a proposal to regularise his services to the second respondent but his grievance is that till date, the proposal/recommendation sent by the Special Officer to the second respondent has not been considered.
In the meanwhile, Mr.Thangaraj, who is working as a salesman in ration shop below his cadre has been recommended to be appointed as a writer overlooking the seniority of the petitioner. Therefore, the petitioner has given his representation on 30.03.2016 to the respondents objecting the said Thangaraj to be promoted to the post of writer. Since the said representation has not been considered so far, he has come up with the above writ petition. 2.It is a well settled legal position that as per the ratio laid down by the Larger Bench of this Court in K.Marappan Vs.The Deputy Registrar of Co-operative Societies, 2006 (4) CTC 689 and also in T.K.Ananda Sayanam Vs.The Joint Registrar and others reported in 2007 (5) CTC 369, no writ will lie against the co-operative society.
3.In the case on hand, the petitioner is seeking direction against the Registrar, the Joint Registrar and Deputy Registrar of the Co-operative Society. But in any event, if the petitioner is aggrieved by an order of recommendation made in favour of his junior which is admittedly not placed before this Court, he has to file a revision against the said order before the Registrar of Co-operative Societies under section 153 of the Tamil nadu Co-operative Societies Act, 1961. Therefore, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, W.M.P(MD)No.7884 of 2016 is closed.
Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar sms To 1.The Registrar of Co-operative Society, N.V.Natarajan Maligai, 170, EVR Periyar High Road, Kilpauk, Chennai 10.
2.The Joint Registrar of Co-operative Society, The Joint Registrar's Office, Annavasal Road, Thiruvapur, Pudukottai District.
3.The Deputy Registrar of Co-operative Society, The Deputy Registrar's Office, Kamatchiamman Kovil Street, Aranthangi Town and Post, Pudukottai District. +1CC to Spl.Government Pleader Sr.No.28758 GJM/ARK/PV/SAR-II-15.6.16-3p-5C WP(MD)No.10034 of 2016 and W.M.P(MD)No.7884 of 2016 07.06.2016