Madras High Court
M.Godwyn James vs The Joint Registrar Of ... on 8 April, 2021
W.A.(MD)No.1624 of 2018 and W.P.(MD) No.2072 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1624 of 2018 and W.P.(MD) No.2072 of 2019
and C.M.P.(MD) No.11815 of 2018 in W.A.(MD)No.1624 of 2018
and W.M.P. (MD) No.1667 of 2019 in W.P.(MD) No.2072 of 2019
W.A.(MD)No.1624 of 2018:
M.Godwyn James ... Appellant/Petitioner
Vs.
1.The Joint Registrar of Cooperative Societies,
Thoothukudi Region,
Thoothukudi.
2.The President,
E.E.423, Udangudi Primary Agricultural Cooperative
Credit Society Ltd.,
29-A, Sathiyamoorthy Bazar,
Udangudi,
Thoothukudi District.
3.The President,
Nazareth Cooperative Urban Bank,
Nazareth,
Thoothukudi District.
4.The Election Commissioner,
Tamil Nadu State Cooperative Societies Commission,
1st Floor, Kamadhenu Super Market,
Anna Salai, Chennai – 600 018. ... Respondents/Respondents
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W.A.(MD)No.1624 of 2018 and W.P.(MD) No.2072 of 2019
Prayer : Appeal filed under Clause 15 of the Letters Patent against the order
passed by this Court in W.P.(MD)No.5444 of 2018, dated 10.09.2018.
For Appellant : Mr.T.A.Ebenezer
Special Government Pleader
For Respondent No.1 : Mr.C.Ramesh
Special Government Pleader
For Respondent No.2 : Mr.N.Dilip Kumar
For Respondents 3 and 4 : No appearance
W.P.(MD)No.2072 of 2019:
Maavatta Kooturavu Uliar Sangam (CITU),
Chidambaranar District Committee,
Through its
Joint Secretary Mr.Ramesh Immanuel,
53, Matha Kovil Street, Kovilpatti,
Thoothukudi District. ... Petitioner
Vs.
1.The Government of Tamil Nadu,
Represented by its Secretary,
Cooperation, Food and Consumer Protection Department,
Fort St. George,
Chennai.
2.The Registrar of Cooperative Societies,
Kilpauk,
Chennai – 10. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Declaration, declaring Sub Rule 2A of Rule 149 of
Tamil Nadu Co-operative Society Rules, 1988, which came into force on
26.12.2007 is applicable only to the employees appointed after the date of the
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W.A.(MD)No.1624 of 2018 and W.P.(MD) No.2072 of 2019
amendment i.e., 26.12.2007, but not retrospectively.
For Appellant : Mr.T.A.Ebenezer
Special Government Pleader
For Respondents : Mr.C.Ramesh
Special Government Pleader
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by T. S. SIVAGNANAM, J.)
Since the issue involved are interlinked, though one of the case is a
Writ Petition, praying for a declaration to declare Rule 149(2-A) of Tamil Nadu
Co-operative Society Rules, 1988, which came into force on 26.12.2007 is
applicable only to the employees appointed after the date of the amendment i.e.,
26.12.2007, but not retrospectively, we have heard the matter together and the
matters are disposed of by this common judgment/order.
2.W.A.(MD) No.1624 of 2018 has been filed challenging the order
passed in W.P.(MD) No.5444 of 2018, which was filed by the appellant
challenging the order of deputation on the grounds that there is no power for the
Society to depute the appellant to a different Society and the post, which is
being occupied by the appellant, is non-transferable post. The learned Single
Judge did not accept the contention of the appellant and dismissed the Writ
Petition.
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W.A.(MD)No.1624 of 2018 and W.P.(MD) No.2072 of 2019
3.A Trade Union, which was formed by the employees working in Co-
operative Societies through its Joint Secretary, who is at Kovilpatti,
Thoothukudi District has filed the Writ Petition to declare Rule 149(2-A) of
Tamil Nadu Co-operative Society Rules, 1988, is applicable only to the
employees appointed after the date of the amendment i.e., 26.12.2007.
4.On going through the averments set out in the Writ Petition and
after elaborately hearing Mr.T.A.Ebenezer, learned counsel appearing for
petitioner, this Court is of the view that the argument projected that the
employees, who are appointed earlier to the amendment cannot be sent on
deputation by pressing the power given under the amended rule cannot be
accepted. We find that this can never be a ground to challenge the effect of the
statute, technically not the very provision of the Act. That apart, deputation is
one among the service conditions and even assuming that if it is specifically
provided for, considering the welfare of the organisation as well as the
employees, the Society is entitled to exercise the jurisdiction. Therefore, we
cannot grant the relief sought for.
5.In the result, W.A.(MD) No.2072 of 2019 is disposed of with a
observation that the staff of the Society are liable to be sent on deputation either
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W.A.(MD)No.1624 of 2018 and W.P.(MD) No.2072 of 2019
prior to the amendment or thereafter. We are informed that pursuant to the stay
granted, the appellant is working in the very same Society. Therefore, it will be
open to the Society to act in accordance with law. For the reasons stated above,
W.P.(MD) No.2072 of 2019 is dismissed. No costs. Consequently, connected
Miscellaneous Petitions are closed.
Index :Yes/No [T.S.S., J.] [S.A.I., J.]
Internet :Yes/No 08.04.2021
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
To
1.The Government of Tamil Nadu,
Represented by its Secretary,
Cooperation, Food and Consumer Protection Department,
Fort St. George,
Chennai.
2.The Registrar of Cooperative Societies,
Kilpauk,
Chennai – 10.
3.The Joint Registrar of Cooperative Societies,
Thoothukudi Region,
Thoothukudi.
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W.A.(MD)No.1624 of 2018 and W.P.(MD) No.2072 of 2019
T. S. SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
W.A.(MD)No.1624 of 2018 and W.P.(MD) No.2072 of 2019
08.04.2021
http://www.judis.nic.in
