Alagarsamy A v. The Registrar Of Co-Operative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.22288 of 2025 and W.M.P.(MD).Nos.17414, 17416 and 17419 of 2025 A.Alagarsamy : Petitioner Vs.
1.The Registrar of Co-Operative Societies, 170 Periyar Evr High Road, Kilpauk, Chennai 10.
2.The Administrator, Virudhunagar District Central Co-Operative Bank Ltd, No. 104/1 Madurai Road, Virudhunagar -1.
3.G.Shanthi, Assistant Manager, Virudhunagar District Central Cooperative Bank Ltd, Chatrapatti Branch, Chatrapatti Post, Rajapalayam Taluk, Virudhunagar 1/8
4.M.Vijayakumar, Circle Supervisor, Alangulam Circle, Virudhunagar District Central Cooperative Bank Ltd, Alangulam Branch, Alangulam Post, Rajapalayam Taluk, Virudhunagar District.
5.N.Amutha, Assistant Manager, Virudhunagar District Central Cooperative Bank Ltd, Chinnaiahpuram Branch, Chinnaiahpuram, Kottur Gurusamy Kovil Post, Virudhunagar District.
6.V.Krishnaveni, Assistant Manager / Circle Supervisor, Aruppukottai Circle, Virudhunagar District Central Cooperative Bank Ltd, Aruppukottai Main Branch, Aruppukkottai, Virudhunagar District.
7.J.Chithra Devi, Assistant Manager, Virudhunagar District Central Cooperative Bank Ltd, Sivakasi Main Branch, Sivakasi, Virudhunagar District.
8. V.Mohana Kasthuri Assistant Manager / Circle Supervisor, Sivakasi Circle, Virudhunagar District Central Cooperative Bank Ltd, Coronation Colony Branch, Sivakasi, Virudhunagar District.
2/8
9. M.Indira Gandhi, Assistant Manager, Virudhunagar District Central Cooperative Bank Ltd, Aruppukottai Main Branch, Aruppukottai, Virudhunagar District.
10.R.Velvizhi, Assistant Manager, Virudhunagar District Central Cooperative Bank Ltd, Kariapatti Main Branch, Kariapatti, Virudhunagar District.
11.R.Sundareswari, Assistant Manager, Virudhunagar District Central Cooperative Bank Ltd, Pandiyan Nagar Branch, Pandiyan Nagar, Virudhunagar.
12.P.Karnan, Assistant Manager, Virudhunagar District Central Cooperative Bank Ltd, Market Yard Committee Branch, Virudhunagar.
: Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned seniority lists for Assistants and Assistant Managers in Na.Ka.843/2009/E.1 dated 04.07.2025 published by the second respondent, quash the same and to direct the second respondent to redraw seniority of candidates appointed in the year 2010 in the respondent bank, based on marks and also to promote the petitioner on the said seniority list to the post of Assistant Manager and 3/8
or pass any other order or direction suitable to the facts and circumstances of the case.
For Petitioner : Mr.T.Ravichandran For R-1 : Mr.K.Balasubramanian, Special Government Pleader For R-2 : Mr.D.Shanmugaraja sethupathy
ORDER
This writ petition has been filed seeking to quash the impugned seniority lists for Assistants and Assistant Managers in Na.Ka. 843/2009/E.1, dated 04.07.2025, published by the second respondent, and to direct the second respondent to redraw seniority of candidates appointed in the year 2010 in the respondent bank, based on marks and also to promote the petitioner on the said seniority list to the post of Assistant Manager.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
4/8
3. The petitioner herein, who is an employee of the second respondent Bank, joined the service on 29.11.2010 as an Assistant and now he is working in Chinnaiahpuram Branch in the same post. The second respondent issued a seniority list of 28 Assistants on 24.05.2014. Based on above seniority list, the second respondent issued a promotion order by promoting respondent Nos.3 to 12 herein to the post of Assistant Managers. The second respondent published two seniority lists for post of Assistants and for the post of Assistant Manager impugned herein.
The grievance of the petitioner is that, in the impugned seniority lists, candidates who were appointed along with him in 2010 and had secured lesser marks than him, but were promoted in 2014 to the post of Assistant Manager only on the basis of roster points, have been placed above him in the seniority list of Assistant Managers. This, according to the petitioner, is contrary to the judgment of the Hon'ble Apex Court. When the second respondent invited objections to the impugned seniority lists, the petitioner submitted a detailed representation dated 11.07.2025, requesting the second respondent to redraw the seniority list of the 2010 batch appointees based on marks.
2010 batch, nor even replied to his representation. Hence, the petitioner has filed this Writ Petition challenging the impugned seniority lists of Assistants and Assistant Managers and seeking a direction to the second respondent Bank to redraw the seniority list of the 2010 batch appointees on the basis of marks and consequently to promote the petitioner as per his rightful seniority.
4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation / objection dated 11.07.2025, on its own merits and pass appropriate orders in accordance with law, within a period of six weeks from the date 6/8
of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.
6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 14.08.2025 Index : Yes / No NCC : Yes / No TSG To 1.The Registrar of Co-Operative Societies, 170 Periyar Evr High Road, Kilpauk, Chennai 10.
2.The Administrator, Virudhunagar District Central Co-Operative Bank Ltd, No. 104/1 Madurai Road, Virudhunagar -1.
7/8
M.DHANDAPANI, J.
TSG W.P.(MD) No.22288 of 2025 14.08.2025 8/8