Madras High Court
The Registrar Of Cooperative ... vs K.Mariappan on 2 August, 2021
W.A.No.1572 of 2021 and
C.M.P. No.9918 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2021
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA
and
THE HONOURABLE Mr.JUSTICE KRISHNAN RAMASAMY
W.A.No.1572 of 2021 and C.M.P. No.9918 of 2021
1.The Registrar of Cooperative Societies
N.V.Natarajan Maligai
E.V.R. Periyar Salai
Kilpauk, Chennai - 10
2.The Regional Joint Director of Cooperative Societies
Dharmapuri Regional Office
Athiyaman Park
Collectorate Backside
Dharmapuri District
3.The Deputy Registrar of Cooperative Society
Dharmapuri Regional Office
Athiyaman Park, Collectorate Backside
Dharmapuri District
4.The President of S1002 Parayapatti Pudur (PACCS)
Parayapatti Pudur Post
Papireddipatti Taluk
Dharmapuri District - 636 903
5.The Additional Registrar of Cooperative Societies
(Sales Scheme and Development)
N.V.Natarajan Maligai
E.V.R. Periyar Salai
Kilpuak, Chennai - 10 ... Appellants
Vs.
K.Mariappan ...Respondent
https://www.mhc.tn.gov.in/judis/
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W.A.No.1572 of 2021 and
C.M.P. No.9918 of 2021
PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 26.11.2019 passed in W.P. No.2780 of
2018.
For Appellants : Mr.R.Neelagandan
State Government Counsel
JUDGMENT
(Delivered by PUSHPA SATHYANARAYANA, J.)
This intra-court appeal is filed by the Cooperative Societies
against the order of the learned single Judge passed in W.P.
No.2780 of 2018 dated 26.11.2019, wherein the writ court directed
the appellants herein to regularise the services of the writ petitioner
from the date of his appointment to the post of Salesman.
2. The writ petitioner was originally appointed as Packer on
10.10.1993 by virtue of Resolution No.120 dated 11.10.1993 in the
proceedings of the Special Officer/Cooperative Society Sub
Registrar, Paraiyapattipudur. After satisfactory service, he was
promoted as a Salesman on 11.3.1999 vide proceedings of the
President, Primary Agricultural Cooperative Society Bank,
Paraiyapattipudur. There was a revision of the salary of the writ
petitioner, as per 18(1) settlement arrived between the Taimil Nadu
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Primary Agricultural and Co-operative Credit Society Employees'
Association and the President of the Petitioner Society.
3. The writ petitioner was promoted as Salesman only after
completing the requisite qualification for the same, when the
vacancy arose for Salesman. However, the post of the writ
petitioner was not regularised and he was only drawing a
consolidated pay in the post of Packer, as the same did not fall
within the cadre strength of the Society. It was further stated that
since the appointment was not in accordance with Rule 49 of the
Tamil Nadu Cooperative Societies Act and Rules, the post of the writ
petitioner cannot be regularised as the appointment of the writ
petitioner as a Packer originally was not through the Employment
Exchange and his promotion as Salesman with effect from
01.03.1999 was also only pursuant to the Resolution No.279 of the
Special Officer of the Society.
4. The said rejection order refusing to regularise the services
of the writ petitioner was put to challenge in the writ petition, which
was allowed by the learned single Judge on the ground that the very
appointment was made by virtue of the Resolution of the 4th
appellant society. Therefore, it cannot be contended that the post of
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W.A.No.1572 of 2021 and
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Packer was not falling within the cadre strength of the society.
Secondly, after the promotion to the post of Salesman, the writ
petitioner was paid the basic pay of Rs.1,525/- per month and he
has been continuing as Salesman with the 4th appellant for more
than 27 years. He is also drawing the salary of Salesman for about
10 years. Having allowed him to serve the society for 27 years, it is
not appropriate for the appellants to contend that the appointments
were not under Rule 49(1) of the Tamil Nadu Cooperative Societies
Rules. Having extracted the services of the writ petitioner for more
than two and half decades, the appellant cannot contend that the
post of a Packer was not an approved post in the cadre strength of
the Society and his appointment was not a regular one.
5. The learned State Government Counsel placed his reliance
on the decision of the Hon'ble Supreme Court in A.Umarani vs.
Registrar, Cooperative Societies and others reported in
(2004) 7 SCC 122 to contend that those who got appointment by
back door cannot be regularised as the appointments are made in
contravention of the statutory rules. We failed to understand that
the appointment was made only by Resolution originally as a Packer
on 11.10.1993 and thereafter, promoted the writ petitioner as a
Salesman on 11.03.1999. The salary of the writ petitioner had been
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disbursed only by the Society, which has regular auditing being
done. While so, when the regularisation was sought for by the writ
petitioner, it cannot be stated that his appointment itself was
through back-door entry and that his services cannot be
regularised. It is unfortunate that the appellants have to take 27
years to declare that the appointment of the writ petitioner was not
in accordance with the law, when they had engaged him in the
Society and he has rendered his services to the same.
6. It is also relevant to point out that the writ petitioner,
pursuant to 18(1) settlement was receiving the revised scale of pay,
which was given effect to and acted upon till 2008. Once the 18(1)
settlement has been given effect to and acted upon, it amounts to
regularisation of the writ petitioner's post as Salesman and the
same has to be regularised. When the appointment and the
promotion of the petitioner were through Resolutions and the
salaries were disbursed by the Society. The denial of regularisation
on the ground that it was a direct appointment, is unfair. Even
presuming so, the writ petitioner alone cannot be punished even the
persons in charge of the same also should be taken to task.
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7. Therefore, considering the qualification and the fact that
the writ petitioner had been employed in the Ration shop as per the
by-laws of the Society for more than twenty five years, his service
had to be regularized as has been directed by the learned single
Judge. In view of the above discussions, we see no error in the said
order of the learned singe Judge to interfere with the same.
8. Accordingly, the writ appeal is dismissed. However, there is
no order as to costs. Consequently, the connected civil
miscellaneous petitioner, is closed.
[P.S.N., J.] [K.R., J.]
02.08.2021
Index : Yes / No
Internet : Yes / No
Asr
To
1.The Registrar of Cooperative Societies
N.V.Natarajan Maligai
E.V.R. Periyar Salai
Kilpauk, Chennai - 10
2.The Regional Joint Director of Cooperative Societies
Dharmapuri Regional Office
Athiyaman Park
Collectorate Backside
Dharmapuri District
https://www.mhc.tn.gov.in/judis/
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W.A.No.1572 of 2021 and
C.M.P. No.9918 of 2021
3.The Deputy Registrar of Cooperative Society
Dharmapuri Regional Office
Athiyaman Park, Collectorate Backside
Dharmapuri District
4.The President of S1002 Parayapatti Pudur (PACCS)
Parayapatti Pudur Post
Papireddipatti Taluk
Dharmapuri District - 636 903
5.The Additional Registrar of Cooperative Societies
(Sales Scheme and Development)
N.V.Natarajan Maligai
E.V.R. Periyar Salai
Kilpuak, Chennai - 10
https://www.mhc.tn.gov.in/judis/
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W.A.No.1572 of 2021 and
C.M.P. No.9918 of 2021
PUSHPA SATHYANARAYANA, J.
AND
KRISHNAN RAMASAMY, J.
Asr
W.A.No.1572 of 2021 and
C.M.P. No.9918 of 2021
Date : 02.08.2021
https://www.mhc.tn.gov.in/judis/
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