Madras High Court
A.Manickam vs The Joint Registrar Of ... on 22 March, 2022
W.P.No.16739 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No. 16739 of 2020
and
W.M.P.Nos.20759 and 20762 of 2020
A.Manickam .. Petitioner
Vs
1. The Joint Registrar of Co-Operatives Societies,
Kanchipuram Region, Kanchipuram,
Kanchipuram District.
2. The Deputy Registrar of Co-Operatives Societies,
Kanchipuram Circle, Kanchipuram,
Kanchipuram District.
3. The President,
KP(SPL) 177, Arasanimangalam Primary Agricultural
Co-operative Credit Society,
Arasanimangalam Kammalampoondi Village & Post-603402,
Uthiramerur Taluk, Kanchipuram District.
4. The President,
KP(SPL) 93, Kammalampoondi Primary Agricultural
Co-operative Credit Society,
Kammalampoondi Village & Post-603406,
Uthiramerur Taluk,
Kanchipuram District. .. Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.16739 of 2020
Prayer: Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus calling for the
entire records relating to the impugned order passed by the first respondent in
his proceedings Na.Ka.6044/2019/Sa.Pa dated 24.02.2020 and consequential
order passed by the first respondent in his proceedings
Na.Ka.1680/2020/Sa.Pa dated 21.08.2020 and quash the same and
consequently directing the respondents 1 to 3 to permit the petitioner to
continue in the post of Clerk in the third respondent society.
For Petitioner :Mr.C.Prakasam
For Respondents : Mrs.S.Anitha, Special Govt Pleader
for R1 to R2
:Mr.L.P.Shanmugasundaram for R3
:Mr.V.Kamaraj for R4
ORDER
The case of the petitioner is that the petitioner was appointed as
Salesman in the 4th respondent society in the year 1997. Due to financial
crises in the 4th respondent society and as per the orders of the 1 st respondent,
the petitioner was absorbed in the 3rd respondent society and joined duty on
01.08.2007. The petitioner was absorbed permanently in the 3rd respondent
society and on the basis of the seniority in the 3 rd respondent society, the
petitioner was promoted as clerk on 01.10.2012 . As per G.O.Ms.No. 326,
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W.P.No.16739 of 2020
dated 23.11.2007, the period of deputation will be in force for three years and
after completion of three years, the employees should return back their parent
society. Without considering the fact that the petitioner was permanently
absorbed in the 3rd respondent society, the 2nd respondent directed the 3rd
respondent society to send back the petitioner to the 4 th respondent society
and also to recover the salary paid to the petitioner. Challenging the said order
of the 2nd respondent, the petitioner has preferred a Revision before the 1st
respondent, but the 1st respondent without considering the its own order dated
26.07.2007 had rejected the revision petition and subsequent review
application was filed by the petitioner. Hence, the present writ petition.
2. According to the learned counsel for the petitioner as per
G.O.Ms.No. 145, Cooperative Department, dated 01.08.2005, the 1st
respondent had passed orders to absorb the petitioner in the 3rd respondent
society in the year 2007 and in the year 2012, he was promoted as Clerk in
the same 3rd respondent society, which was recognised by the respondents 1
& 2. After a lapse of 12 years, the 2nd respondent issued orders to the 3rd
respondent society that the petitioner should not work in the 3rd respondent
society for more than three years and asked the 3rd respondent society to send
https://www.mhc.tn.gov.in/judis
W.P.No.16739 of 2020
back the petitioner to the 4th respondent society and also ordered to recover
the salary paid to the petitioner. According to the petitioner, the said order is
illegal and violation of principles of natural justice.
3. Counter affidavit is filed on behalf of the 2nd respondent. It is stated
in the counter that due to critical financial position of the 4 th
respondent/Society and based on the application made by the petitioner, he
was transferred to the 3rd respondent Society by proceedings of the 1 st
respondent, dated 26.07.2007.
4. It is further stated in the counter that as per G.O.Ms.No. 326
Cooperative Food and Consumer Protection Department, dated 23.11.2007, a
society may transfer an employee to another society for a period of not less
than one year on deputation basis and the other society may avail the services
of that employee on the terms and conditions agreed to by both the societies,
provided that no such transfer shall be made for a period exceeding three
years. Further, the petitioner was not transferred on permanent status to the
3rd respondent society and no conditions stated in the order of the 1 st
respondent dated 26.07.2007 that he was permanently transferred as
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W.P.No.16739 of 2020
contended by the learned counsel for the petitioner. Therefore, the contentions
of the learned counsel for writ petitioner is liable to be rejected.
5. Heard both sides and perused the documents available on record.
6. On perusal of the impugned order passed by the revisional
authority/1st respondent dated 24.02.2020, it is stated that petitioner ought to
have sent back to the parent society i.e 4 th respondent society after completion
of three years deputation. It is also observed that the promotion granted by
3rd respondent society to the petitioner as Clerk with effect from 01.102.2012
is against the circular issued by the Registrar, therefore the said promotion is
improper and against the Rules, therefore the revisional authority directed the
2nd respondent to issue necessary orders to send back the petitioner to the 4th
respondent society and revert him to the post of Salesman and recover the
salary paid to the petitioner for the post held as Clerk w.e.f 01.10.2012.
7. On perusal of the grounds raised by the petitioner, it is stated that
after a lapse of 12 years, the impugned order cannot be issued and the
petitioner had put in 37 years of total service in the respondent-society and
https://www.mhc.tn.gov.in/judis
W.P.No.16739 of 2020
without considering the same, the 1st respondent has passed the order to send
back the petitioner to the 4th respondent society and for recovery of salary
paid in the post of Clerk. Apart form the above said ground, no other grounds
has been raised by the petitioner challenging the findings of the authority
concerned with regard to the said transfer order. Therefore, in the absence any
specific ground challenging the transfer order issued to the petitioner and in
view of the above statement made in the counter affidavit, this Court is not
inclined to interfere with the impugned order passed by the 1 st respondent
insofar it relates to the transfer of the petitioner.
8. Insofar as recovery order is concerned, since petitioner comes under
Grade 'C category, in the light of the judgment of the Hon'ble Supreme Court
in the case of State of Punjab Vs. Rafiq Masih (White washer & others)
reported in (2015) 4 SCC 334 the recovery order passed by the respondent
is liable to be quashed.
https://www.mhc.tn.gov.in/judis
W.P.No.16739 of 2020
9. In the result, this writ petition is partly allowed. No costs.
Consequently, connected Miscellaneous Petitions are closed.
22.03.2022
Index : Yes/No
Internet : Yes
ak
To
1. The Joint Registrar of Co-Operatives Societies,
Kanchipuram Region,
Kanchipuram,
Kanchipuram District.
2. The Deputy Registrar of Co-Operatives Societies,
Kanchipuram Circle,
Kanchipuram,
Kanchipuram District.
https://www.mhc.tn.gov.in/judis
W.P.No.16739 of 2020
D.KRISHNAKUMAR. J
ak
W.P.No. 16739 of 2020
and
W.M.P.Nos.20759 and 20762 of 2020
22.03.2022
https://www.mhc.tn.gov.in/judis
