Madras High CourtWP(MD)/15770/2019disposed of

K.Pandeeswari v. The Joint Registrar

2022-04-13Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.15770 of 2019 W.M.P.(MD) Nos.12506 & 12507 of 2019 K.Pandeeswari ... Petitioner Vs.

1. The Joint Registrar Joint Registrar of Cooperative Society Office, Dindigul.

2. The Deputy Registrar, Deputy Registrar of Cooperative Society Office, Dindigul

3. The President A2951 Sevugampatti Primary Agriculture Cooperative Credit Society Sevugampatti Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 01.07.2019 made in Na.Ka.No.229/2019 Ve Se Sa passed by the 2nd respondent and quash the same as illegal and consequently direct the respondents to appoint the petitioner as Saleswoman in the 3rd respondent Society.

For Petitioner : Mr.C.Mayilvahana Rajendran For Respondents : Mr.M.Ramesh Government Advocate

ORDER

The petitioner is the wife of the deceased employee Mr.M.Kannan, who was working as Salesman in a Cooperative Society registered under the Tamil Nadu Cooperative Societies Act, 1983 (hereinafter referred to as 'the Act').

2.The Cooperative Societies is not funded by the Government and is not a State within the meaning of Article 12 of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Constitution of India. The petitioner seeks appointment on compassionate ground. Therefore, the petitioner has to approach the competent authority under section 153 of the Act. It is made clear that whether the Government compassionate appointment scheme would be applicable to the employee of the cooperative society or not, if it is applicable, the case of the petitioner has to be considered in accordance with the scheme for the parties to establish the facts and circumstances. The petitioner is at liberty to approach the revisional authority under section 153 of the Act and in the event of any such approach, the competent authority shall decide the matter as expeditiously as possible.

3. The writ petition stands disposed of. No costs. Consequently connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) RR To

1. THE JOINT REGISTRAR JOINT REGISTRAR OF COOPERATIVE SOCIETY OFFICE, DINDIGUL.

2. THE DEPUTY REGISTRAR, DEPUTY REGISTRAR OF COOPERATIVE SOCIETY OFFICE, DINDIGUL.

+1 CC to M/s.C. MAYIL VAHANA RAJENDRAN, Advocate (SR-18791[F] dated 13/04/2022) +1 CC to M/s.SPL.Government Pleader (SR-18991[F] dated 18/04/2022) W.P.(MD)No.15770 of 2019 W.M.P.(MD) Nos.12506 & 12507 of 2019 13.04.2022 https://hcservices.ecourts.gov.in/hcservices/ SP/29/04/2022/2P/5C 2/2