Madras High Court
Mrs.C. Maheswari vs Joint Registrar on 10 August, 2022
W.P.No.24400 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
W.P.No.24400 of 2014
and
M.P.No.1 of 2014
Mrs.C. Maheswari ... Petitioner
Vs.
1.Joint Registrar,
Co-operative Society, Chittimani Nagar,
Coimbatore.
2.Managing Director,
Valparai Co-op, Urban Bank Ltd.,
Valparai,
Coimbatore. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorari, calling for the order of the 1st
respondent made in Revision No.8446/2013/ve.2 dated 29.05.2014 and
quash the same.
For Petitioner : Mr.T.Karuna Moorthy
For Mr.P.R.Balasubramanian
For R1 : Mr.M.Bindran
Additional Government Pleader
For R2 : Mr.L.P.Shanmuga Sundaram
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Page 1 of 7
W.P.No.24400 of 2014
ORDER
The order impugned dated 29.05.2014, rejecting the claim of the
writ petitioner for regularisation of her services in the 2 nd respondent / Co-
operative Society is under challenge in the present writ petition.
2. The petitioner was engaged as daily wage employee on
01.07.1996. Initial appointment of the writ petitioner was not in
accordance with Rule 149 (2) of the Tamil Nadu Co-operative Societies
Rules. The writ petitioner filed W.P.No.688 of 2007, seeking the relief to
regularise the services in terms of G.O.Ms.No.86 Co-operation, Food and
Consumer Protection Department dated 12.03.2001. The representation
submitted by the writ petitioner was rejected by the respondents, as there
was no approved cadre strength to accommodate the writ petitioner in the
2nd respondent / Society and further, the rejection order was passed in
terms of the judgment of the Division Bench of this Court in the case of
L.Justin Vs. Registrar of Co-operative Societies reported in [(2002) 4
CTC 385]. The Hon’ble Supreme Court of India has affirmed the
principles laid down in Justin’s case (cited supra) and in the case of
A.Uma Rani Vs. Registrar of Co-operative Societies and Others reported
in [(2004) 7 SCC 112].
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W.P.No.24400 of 2014
3. Again the writ petitioner filed W.P.No.13927 of 2009 and an
interim order was passed to keep one post of Assistant as vacant in the
said writ petition. In respect of certain irregularities, the departmental
disciplinary proceeding was also initiated against the writ petitioner. An
enquiry was conducted and based on the misconduct, the petitioner was
removed from the daily wages employment on 26.10.2009. Challenging
the removal order, the petitioner filed the W.P.No.25096 of 2009 and the
said writ petition was dismissed by this Court on 09.12.2009. The
petitioner filed Contempt Petition No.1107 of 2013 in W.P.No.13927 of
2009 supressing the fact that she was already removed from daily wage
services on 26.10.2009 and also supressed the fact regarding the dismissal
of the earlier writ petition filed by the writ petitioner in W.P.No.25096 of
2009, wherein, the petitioner had challenged the removal order dated
26.10.2009.
4. The High Court passed an order on 11.07.2013 in Contempt
Petition No.1107 of 2013 and this Court found that the petitioner was
guilty of suppression of material facts and ordered show cause as to why
action for Contempt should not be initiated against the writ petitioner. The
petitioner filed W.A.No.1878 of 2013 against the order dated 09.12.2009
passed in W.P.No.25096 of 2009. The writ appeal was dismissed by the
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W.P.No.24400 of 2014
Division Bench of this Court, granting a liberty to file an appeal before the
Joint Registrar of the Co-operative Societies.
5. The Contempt petition filed by the writ petitioner was also
dismissed. The order passed in W.P.No.25096 of 2009 was confirmed by
the Division Bench and the same became final. Therefore, question of
reinstating the writ petitioner did not arise. The order passed in
W.P.No.13927 of 2009 was recalled by this Court and the said writ
petition was also dismissed. This Court considering the unconditional
apology filed by the writ petitioner accepted the same and dismissed the
contempt petition filed in Cont.P.No.1107 of 2013.
6. Thereafter, the writ petitioner filed Revision Petition under
Section 153 of the Tamil Nadu Co-operative Societies Act and the 1st
respondent / Joint Registrar, considered the entire facts and circumstances
narrated above and rejected the same in proceedings dated 29.05.2014.
7. The petitioner was found guilty of suppression of material
facts before the High Court. The Court issued a show cause notice in the
contempt petition against the writ petitioner and accepting the
unconditional apology, the contempt petition was closed. The order of
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W.P.No.24400 of 2014
dismissal passed in W.P.No.25096 of 2009 was also confirmed and the
order of removal of writ petitioner from service became final. All these
factors were elaborately considered by the Revisional Authority under
Section 153 of the Tamil Nadu Co-operative Societies Act and therefore,
there is no further reason for this Court to reconsider the claim of the writ
petitioner and the reasons stated in the Revisional order is candid and
based on the orders earlier passed by this Court in Writ petitions and writ
appeal and the contempt petition. Thus, no further interference is called
for.
8. Accordingly, the Writ Petition stands dismissed. No costs.
Consequently, connected Miscellaneous Petition is closed.
10.08.2022
Jeni
Index : Yes
Speaking order : Yes
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W.P.No.24400 of 2014
To
1.The Chief General Manager,
State Bank of India,
Chennai Local Head Office,
16, College Road,
Nungambakkam,
Chennai – 600006.
2.The Assistant General Manager,
State Bank of India,
Pension Provident Fund &
Gratuity Department,
Local Head Office,
Circletop House,
No.16, College Lane,
Chennai – 600006.
3.The Chairman,
State Bank of India,
Corporate Centre,
State Bank Bhavan,
Madam Cama Road,
Mumbai – 400021.
https://www.mhc.tn.gov.in/judis
W.P.No.24400 of 2014
S.M. SUBRAMANIAM, J.
Jeni
W.P.No.24400 of 2014
10.08.2022
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