Murugesan v. The Joint Registrar Of Cooperative Societies / Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19798 of 2025 and W.M.P.(MD)Nos.15245 and 15249 of 2024 Murugesan ... Petitioner -vs1. The Joint Registrar of Cooperative Societies / Chairman, District Cooperative Recruitment Board, Pudukkottai District.

2. The District Registrar of Cooperative Societies, Pudukkottai District.

3. The Deputy Registrar of Cooperative Societies, Public Distribution System, Pudukkottai District.

4. The Administrator, Mm 16, Pudukkottai Urban Stores, TS No.2797, East Second Street, Pudukkottai District.

5. Nivetha

6. Ashwin

7. Kalidas 1/6

8. Jeyanthi

9. Muruganantham ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in Na.Ka.1477/2024/PooVithi 3(57) dated 11.07.2025 and quash the same as illegal and arbitrary and consequently thereby directing the respondents to provide promotion to the petitioner as Salesman on Seniority Basis.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.K.Balasubramani (R1 to R4) Spl. Govt. Pleader

ORDER

This writ petition has been filed challenging the impugned order passed by the 1st respondent in Na.Ka.1477/2024/PooVithi 3(57) dated 11.07.2025 with a consequential direction to the respondents to provide promotion to the petitioner as 'Salesman' on Seniority Basis.

2. Heard the learned counsel on either side. Considering the nature of the order proposed to be passed in this writ petition, notice to the private respondents is dispensed with.

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3. The learned counsel appearing for the petitioner submits that the petitioner was appointed as 'packer' in the fourth respondent society on 27.06.2014. He has successfully completed ten years of service and therefore, he is fully entitled for the next level promotion to the post of 'Salesman'. Without granting any promotion to the petitioner, the respondents issued a fresh notification dated 08.10.2024 calling for the applications to the posts of 'Salesman' and 'Packer', and consequently, the appointments were also made, which is illegal and arbitrary and hence, he prays this Court to quash the appointment order issued to the private respondents herein dated 11.07.2025, which is impugned in this writ petition.

4. The learned Special Government Pleader appearing for the official respondents submits that this writ petition itself is not maintainable, since the petitioner has challenged the appointments, without challenging the recruitment notification. Hence, he prays this Court to dismiss this writ petition.

5. This Court, after considering the rival submissions, is of the considered view that if the petitioner is aggrieved over the aforesaid 3/6

selection, at the first instance, he would have challenged the recruitment notification. Without challenging the said recruitment notification, now challenging the appointments that have been made pursuant to the said notification is unfair and not feasible in the eye of law. In view of the same, this writ petition itself is not maintainable and hence, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

21.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Joint Registrar of Cooperative Societies / Chairman, District Cooperative Recruitment Board, Pudukkottai District.

2. The District Registrar of Cooperative Societies, Pudukkottai District.

3. The Deputy Registrar of Cooperative Societies, Public Distribution System, Pudukkottai District.

4. The Administrator, Mm 16, Pudukkottai Urban Stores, TS No.2797, East Second Street, Pudukkottai District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.19798 of 2025 Dated:

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