Madras High Court
N.Muniyasamy vs The Registrar Of Co-Operative ... on 14 June, 2022
W.P.No.10772 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.10772 of 2022
N.Muniyasamy ... Petitioner
Vs.
1. The Registrar of Co-operative Societies (Housing),
Tamil Nadu Cooperative Housing Federation,
2nd floor, No.48, Ritherdon Road,
Vepery, Chennai 600 007.
2. The Deputy Registrar of Cooperative Societies (Housing)
Virudhunagar Region, No.3, Milk Society Building,
Mani Nagar, Virudhunagar.
3. The Deputy Registrar of Cooperative Societies (Housing),
Coimbatore Region, Sinthamani Building,
Vadakovai, Coimbatore.
4. The President,
K.1917, Tiruppur Cooperative Housing Society Ltd.,
Gemini Press Building, 138-A, Kumaran Road,
Tiruppur 641 601. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of
India seeking to issue a Writ of Certiorari, calling for the records
relating to the impugned proceedings issued by the 4th respondent in
No.Nil dated 05.03.2022 and to quash the same and consequently,
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W.P.No.10772 of 2022
directing the respondents to permit the petitioner to continue in the post
of Supervisor in the 4th respondent society as per G.O.Ms.No.71,
Housing and Urban Development (HCS-2) Department dated
26.02.2021, with all consequential and other attendant benefits,
including payment of arrears of salary.
For Petitioner : Mr.G.Sankaran
For Respondents : Mr.P.Ganesan, Govt. Advocate
ORDER
This Writ petition has been filed to quash the impugned
proceedings issued by the 4th respondent in No.Nil dated 05.03.2022
and consequently, directing the respondents to permit the petitioner to
continue in the post of Supervisor in the 4th respondent society as per
G.O.Ms.No.71, Housing and Urban Development (HCS-2) Department
dated 26.02.2021, with all consequential and other attendant benefits,
including payment of arrears of salary.
2. Heard the learned counsels appearing for both the parties and I
have perused the materials on record.
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W.P.No.10772 of 2022
3. The petitioner was appointed as a Clerk in Rameswaram Taluk
Co-operative Housing Society Ltd on 21.12.1995 and subsequently, he
was promoted as Manager on 01.09.2000. Since the Government had
not released compensatory grant to the Rameswaram Society, the
petitioner had continued to work in that place, without any salary.
Therefore, the first respondent, vide order dated 06.03.2019, appointed
the petitioner as Supervisor in the 4th respondent Housing Society, on
deputation, for a period of three years. Then only, the petitioner started
to draw salary from the 4th respondent society.
4. Since three years deputation period from 06.03.2019 coming
to an end by March 2022, the petitioner gave representations to the
respondents for extension of service in the 4th respondent Society as
well as for permanent absorption. When the representation of the
petitioner is pending before the first respondent, the 4th respondent
issued impugned proceeding dated 05.03.2022 by relieving the
petitioner from the post of Supervisor. Hence this writ petition has been
filed.
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W.P.No.10772 of 2022
5. The learned counsel appearing for the petitioner relying upon
G.O.Ms.No.71 dated 26.02.2021, submitted that, since the parent
Society (Rameswaram Society) got wound up, as per the above G.O.,
the petitioner is entitled to continue on deputation in the 4th
respondent's society, even beyond three years, without any period of
limitation. He further submitted that, while the application of the
petitioner seeking to continue on deputation in the fourth respondent's
society, as per the above G.O.Ms.No.71, is pending for consideration
before the first respondent, the impugned proceedings issued by the
fourth respondent is arbitrary, illegal and against the law. Therefore,
the above proceedings is liable to be quashed and the petitioner may be
permitted to continue to work in the 4th respondent Society, as per the
above G.O Ms.No.71.
6. The learned Government Advocate appearing for the
respondents submitted that the writ petition filed against the Co-
operative Society is not maintainable in the light of the Judgment of
larger bench of this Court in K.MARAPPAN VS. DEPUTY
REGISTRAR OF CO-OPERATIVE SOCIETY, NAMAKKAL reported
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W.P.No.10772 of 2022
in 2006 (4) CTC 689. He further submitted that since the
representation of the petitioner seeking permission to continue to work
in the fourth respondent Society, in the light of the G.O.Ms.No.71 is
pending before the first respondent, the remedy is very much available
before the first respondent and hence, the present writ petition is liable
to be rejected.
7. At this juncture, the learned counsel appearing for the
petitioner submitted that though this writ petition has been filed to
quash the impugned proceedings of the 4th respondent, it is suffice to
give direction to the first respondent to consider the representation of
the petitioner dated 19.01.2022 and to pass appropriate orders, by
taking note of the G.O.Ms.No.71 dated 26.02.2021 and also
considering the financial constrain faced by the petitioner.
8. In view of the above submission, this court is inclined to pass
the following order.
i) The first respondent is directed to consider the representation
of the petitioner dated 19.01.2022 and to pass appropriate orders, in
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W.P.No.10772 of 2022
accordance with law, by taking note of the G.O.Ms.No.71
dated26.02.2021, as early as possible, within a period of eight weeks
from the date of receipt of a copy of this order.
9. With the above directions, the writ petition is disposed of. No
costs. Consequently, connected writ miscellaneous petitions are closed.
14.06.2022
Index:Yes/No
Internet:Yes/No
mst
To
1. The Registrar of Co-operative Societies (Housing),
Tamil Nadu Cooperative Housing Federation,
2nd floor, No.48, Ritherdon Road,
Vepery, Chennai 600 007.
2. The Deputy Registrar of Cooperative Societies (Housing)
Virudhunagar Region, No.3, Milk Society Building,
Mani Nagar, Virudhunagar.
3. The Deputy Registrar of Cooperative Societies (Housing),
Coimbatore Region, Sinthamani Building,
Vadakovai, Coimbatore.
4. The President,
K.1917, Tiruppur Cooperative Housing Society Ltd.,
Gemini Press Building, 138-A, Kumaran Road,
Tiruppur 641 601.
https://www.mhc.tn.gov.in/judis
W.P.No.10772 of 2022
D. KRISHNAKUMAR, J.
mst
W.P.No.10772 of 2022
14.06.2022
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