T.Suresh v. The Deputy Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2016 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12638 of 2016 and W.M.P(MD)No.9553 of 2016 T.Suresh .. Petitioner Vs.

1.The Deputy Registrar, (Co-operative Societies), Nagercoil - 629 001, Kanyakumari District.

2.The President, The Kanyakumari District Central Co-operative Bank Limited, Nagercoil - 629 001, Kanyakumari District.

3.The Managing Director/Special Officer, Kanyakumari District Central Co-operative Bank Limited, Nagercoil - 629 001, Kanyakumari District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the third respondent-Managing Director, Kanyakumari District Central Co-operative Bank Limited, Nagercoil to pass appropriate orders forthwith on the representation submitted by the petitioner to him, dated 17.12.2015.

For Petitioner : Mr.Isaac Mohanlal Senior Counsel for Mr.T.Cibi Chakraborthy For Respondents : Mr.T.R.Janarthanam Additional Government Pleader

ORDER

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the third respondent-Managing Director,

Kanyakumari District Central Co-operative Bank Limited, Nagercoil, to pass appropriate orders forthwith on the petitioner's representation, dated 17.12.2015.

2.The petitioner - T.Suresh, who was initially appointed as Jewel Appraiser in the year 2001 and working as Assistant Manager in the Kanyakumari District Co-operative Bank Limited-the third respondent herein, has made a representation to the third respondent, on 22.03.2006, to include his name in the seniority list of Assistants. In the meantime, without considering his representation, the third respondent placed the petitioner in the seniority list of Appraisers instead of placing him in the seniority list of Assistants for the year 2006. Subsequently, in the year 2008, the third respondent placed the petitioner as Assistant with effect from September 2004 ie., from the date of acquiring the qualification of Co-operative Training Officer and not from his original date of appointment.

Later, the petitioner was promoted as Assistant Manager with effect from 28.01.2011. In the year 2011, once again the third respondent prepared a seniority list for Assistant Manager and wrongly placed the petitioner in the said seniority list, without considering his initial date of appointment. Therefore, he has made a representation to the third respondent on 17.12.2015 to consider his seniority for Assistant Manager from the date of his original appointment.

3.Mr.T.R.Janarthanam, learned Additional Government Pleader, sought six weeks' time to consider the petitioner's representation.

4.Considering the limited prayer sought for in the Writ Petition, without going into the merits of the matter, the third respondent viz., the Managing Director/Special Officer, Kanyakumari District Central Co-operative Bank Limited, Nagercoil, is hereby directed to consider the representation of the petitioner, dated 17.12.2015, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar

To 1.The Deputy Registrar, (Co-operative Societies), Nagercoil - 629 001, Kanyakumari District.

2.The President, The Kanyakumari District Central Co-operative Bank Limited, Nagercoil - 629 001, Kanyakumari District.

3.The Managing Director/Special Officer, Kanyakumari District Central Co-operative Bank Limited, Nagercoil - 629 001, Kanyakumari District.

+1 cc to M/s.T.Cibi Chakraborthy, Advocate in SR.No. 44744 +1 cc to The Special Government Pleader in SR.No. 44426 ps CSL/CK/02.09.2016: 3P/6C W.P(MD)No.12638 of 2016 and W.M.P(MD)No.9553 of 2016 12.08.2016