Saravanan. G v. The Registrar Of Co-Operative Societies
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2023
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR G.Saravanan ... Petitioner Vs.
1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, N.V.Natarajan Maaligai, Periyar EVT High Road, Poonamalle High Road, Kilpauk, Chennai-600 010.
2.The Regional Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Co-operative Societies, Medical College Road, N.S.C. Bose Road, Ramani Nagar, Thanjavur-613 007.
3.The Deputy Registrar of Co-operative Societies, Office of the Deputy Registrar of Co-operative Societies, Kumbakonam, Thanjavur District.
4.The Administrator / Secretary, Z.646, S.Pudur Primary Agricultural Co-operative Credit Society, Sengarangudi Pudur, Kumbakonam Taluk, Thanjavur District.
... Respondents 1/5
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to regularize the petitioner services as a Clerk from 01.04.2018 onwards and in the post of Senior Clerk from 01.09.2022 and to pay all attendant and monetary benefits based on the Circular No.7/2021 (Na.Ka.No.103607/2007/Sa.ba.2), dated 09.09.2021 and Circular No.28/2022/Sa.ba.2 (Na.Ka.74381/2022/Sa.ba), dated 09.11.2022 issued by the first respondent herein in the light of order passed by this Court, dated 19.02.2021 in W.P.No.21440 of 2015 and by considering the petitioner's representation, dated 30.09.2023. For Petitioner : Mr.S.Prabha For Respondents : Mr.T.Villavan Kothai Additional Government Pleader
ORDER
The present writ petition has been filed by a Clerk seeking to regularise his services as Attender from 13.05.1998 and in the post of Clerk from 01.09.2022 with all attendant benefits.
2. According to the learned Counsel appearing for the petitioner, the petitioner was appointed in the fourth respondent Society within the cadre strength on 13.05.1998 pursuant to a settlement under Section 12(3) of the Industrial Disputes Act. According to him, he was placed in the regular time scale of pay on 01.06.2000. After rendering 20 years of service, he was 2/5
promoted as a Clerk on 01.04.2018. The petitioner has further contended that the first respondent had issued a circular on 09.11.2022 containing certain guidelines with regard to non regularisation of employees, who were appointed from 08.07.1980 to 12.03.2001. The petitioner has further contended that as soon as the Administrator had taken charge on 07.08.2023, salary has not been paid to him from August 2023 onwards. Hence, he has sent a representation to the second respondent herein on 06.10.2023 seeking his intervention and to regularise the services. Since the said representation has not been considered, the present writ petition has been filed.
3. Considering the above said facts, the second respondent herein is directed to consider the representation of the petitioner, dated 06.10.2023 and pass orders on merits and in accordance with law, within a period of twelve
(12) weeks from the date of receipt of a copy of this order.
4. With the above said direction, this writ petition stands disposed of. There shall be no order as to costs.
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NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Registrar of Co-operative Societies, Office of the Registrar of Co-operative Societies, N.V.Natarajan Maaligai, Periyar EVT High Road, Poonamalle High Road, Kilpauk, Chennai-600 010.
2.The Regional Joint Registrar of Co-operative Societies, Office of the Joint Registrar of Co-operative Societies, Medical College Road, N.S.C. Bose Road, Ramani Nagar, Thanjavur-613 007.
3.The Deputy Registrar of Co-operative Societies, Office of the Deputy Registrar of Co-operative Societies, Kumbakonam, Thanjavur District.
4.The Administrator / Secretary, Z.646, S.Pudur Primary Agricultural Co-operative Credit Society, Sengarangudi Pudur, Kumbakonam Taluk, Thanjavur District.
4/5
R.VIJAYAKUMAR, J.
BTR 14.12.2023 5/5