R.Ponumapathy v. The Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.A.(MD)No.1094 of 2019 in WP(MD)No. 16328 of 2019 R.Ponumapathy ... Appellant/Petitioner Vs.

1.The Registrar of Co-operative Societies, Chennai-600 010.

2.The Regional Joint Registrar, (Cooperative Societies), Nagercoil, 3.No.Y-298, South Thamaraikulam Primary Agricultural Cooperative Credit Society Ltd., South Thamaraikulam Post, ..Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letter Patent Act, to set aside the order passed in W.P.(MD)No.16328 of 2019, dated 23.07.2019 on the file of this Court.

Prayer in WP(MD). 16328/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to call for the records pertaining to the impugned order in Ref.Na.Ka.No. 2383/16 P.A.S dated 10.11.2016 on the file of the respondent No.2 and quash the same as illegal and consequently directing the respondent NO.1 and 2 to consider the resolution passed by the respondent No.3 dated 10.10.2015 Primary Agricultural Co-operate Credit Society to appoint the petitioner to any post on compassionate ground, within the time frame to be fixed by this Court.

For Appellant : Mr.T.Lajapathiroy For Respondents : Mr.M.Murugan Government Advocate 1/3

JUDGMENT

[Judgment of this Court was made by T.S.SIVAGNANAM, J.] Heard Mr.T.Lajapathiroy, learned counsel for the appellant, Mr.M.Murugan, learned Government Advocate for the respondents. By consent on either side, this writ appeal is taken up for final disposal.

2. The appellant challenges the order rejecting the application filed by the appellant for grant of compassionate appointment on the ground that the father of the appellant namely Rajasekaran, who was working as Clerk in the third respondent society died in harness.

3. The learned Single Bench dismissed the writ petition taking note of the fact that the application for compassionate appointment is made after a lapse of ten years from the date of demise of the appellant's father. Further more, the rejection order was put to challenge by the appellant after a period of 2 1⁄2 years. The finding rendered by the learned writ Court relying upon the decisions of the Hon'ble Supreme Court and this Court is perfectly right and the appellant has not made out any ground to interfere with the order passed in the writ petition.

4. Accordingly, this writ appeal fails and the same stands dismissed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) ta To 1.The Registrar of Co-operative Societies, Chennai-600 010.

2.The Regional Joint Registrar, (Cooperative Societies), Nagercoil, 2/3

3.No.Y-298, South Thamaraikulam Primary Agricultural Cooperative Credit Society Ltd., South Thamaraikulam Post, +1 CC to M/s.SPL GP ( SR-94910[F] dated 30/10/2019 ) +1 CC to Mr.T.LAJAPATHI ROY, Advocate (SR-95077[F]dated 31/10/2019 ) ORDER MADE IN W.A.(MD)No.1094 of 2019 in WP(MD)No. 16328 of 2019 25.10.2019 VB(14.11.2019) 3P 6C 3/3