Madras High Court
S.Sathya vs The Deputy Registrar Of ... on 7 July, 2023
W.P.No.17294 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.No.17294 of 2022 &
WMP.Nos.16635 & 16636 of 2023
S.Sathya ... Petitioner
Vs
1. The Deputy Registrar of Co-operative Societies,
Thiruvarur Circle,
Backside of Collectorate, Thiruvarur,
Thiruvarur District – 610 001.
2. The C-operative Sub Registrar / Field Officer,
O/o.Deputy Registrar of Co-operative Societies,
Backside of Collectorate,
Thiruvarur, Thiruvarur District – 610 001.
3. The President,
ZA.105, Nadukandankudi Primary Aricultural
Co-operative Credit Society,
Kollapuram Village & Post – 609 608
Nannilam Taluk, Thiruvarur District. ... Respondents
1/12
https://www.mhc.tn.gov.in/judis
W.P.No.17294 of 2022
Prayer:- Writ Petition filed, under the Article 226 of Constitution of
India, to issue a Writ of Certiorari calling for the entire records relating to
the impugned Order passed by the first respondent in his proceedings
Na.Ka.No.1241/2022/Tho.Vae.Sa, dated 13.05.2022 and quash the
same.
For Petitioner : Mr.C.Prakasam
For Respondents : Mr.S.Arumugham
Government Advocate
ORDER
This Writ Petition has been filed challenging the impugned Order
passed by the first respondent in his proceedings Na.Ka.No. 1241/2022/
Tho.Vae.Sa, dated 13.05.2022.
2. The case of the writ petitioner is that the writ petitioner was
appointed as a Clerk in the third respondent Society on 01.03.1996.
Thereafter, as per the resolution dated 01.07.2000, she was posted as an
attender and subsequently, as per the resolution dated 01.07.2015 passed
by the third respondent, the petitioner was promoted as a clerk and on
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W.P.No.17294 of 2022
01.07.2020, the petitioner was promoted as a Secretary in the third
respondent Society as per Resolution dated 02.11.2020. Pursuant to the
same, she joined as a Secretary and the salary of the petitioner was also
fixed as per another resolution passed on the same day and Orders have
also been issued in proceedings in Na.Ka.No.1-Pa.2020 dated
02.11.2020. Thereafter, her service has been regularized as per the
Circular of the Registrar by passing a resolution dated 24.03.2022. The
Circular was issued by the Registrar by following the Orders of this
Court in W.P.No.21440 of 2015 dated 19.02.2021 for regularizing the
services of the petitioner. After regularization, the petitioner was
promoted as Secretary from 02.11.2020 and she has been continuously
working in that post. When the matter stood thus, the impugned Order
came to be passed by the first respondent inter alia contending that
without promoting her as a Clerk from attender, she has been promoted
as a Secretary. Hence, a direction has been given to the third respondent
to cancel the promotion and give the petitioner appropriate promotion
from the lower cadre. Challenging the same, the present Writ Petition
has been filed.
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W.P.No.17294 of 2022
3. Counter has been filed by the first respondent. The main
contention of the respondents is that Registrar of Co-operative Societies
had issued general instructions on 09.09.2021 based on the Order of this
Court in various Writ Petitions regarding regularization of employees
appointed irregularly and submitted that as per the circular of the
Registrar, an irregularly appointed employee's services can be regularised
only in the next category. It is further submitted that the petitioner has to
be regularized in the category of clerk and without regularisation of her
services as a Clerk, the petitioner cannot be promoted to the post of
Secretary and her services cannot be regularised in that post. Hence, it is
the contention of the respondents that the Writ Petition is not
maintainable.
4. I have perused entire materials. The main contention of the
learned counsel for the petitioner is that the first respondent has no right
whatsoever to interfere with the service matter of the employees working
in the Co-operative Societies and Registrar alone is competent to issue
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W.P.No.17294 of 2022
Order as per G.O.Ms.No.2D No.1108 Co-operation, Food and Consumer
Protection Department, dated 31.08.2005 wherein the powers delegated
to the Deputy Registrar have been taken away in respect of the service
matters of the employees working in the Co-operative Societies. The said
power has been specifically empowered to the Joint Registrar of the Co-
operative Societies. Hence, it is his contention that, in this regard, this
Court in a Writ Petition in W.P.No.2628 of 2015 has passed a similar
Order. Hence, the petitioner seeks to set aside the impugned Order.
5. Whereas the learned Government Advocate appearing for the
respondents submitted that the very promotion to the post of Secretary is
not in Order and she has not been regularized in the lower cadre and
without regularisation in the post of clerk, she has been promoted as a
Secretary and therefore, the impugned Order came to be passed and a
provision of appeal is available to the petitioner under section 153 of the
Co-operative Societies Act and without availing the alternative remedy,
the petitioner has filed the present Writ Petition, which is not
maintainable.
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W.P.No.17294 of 2022
6. In the light of the above submission, when the materials are
perused, the fact that the petitioner's service has been regularized is not in
dispute. Though the petitioner was appointed in the year 1996 as clerk,
thereafter, by a resolution of the society, she was promoted as an attender
on 01.07.2000. Thereafter, in the year 2015, she was promoted as a
clerk and again on 01.07.2020, pursuant to the resolution passed by the
Society, she has been promoted as a Secretary. As per the above
resolution she has been promoted as a Secretary and in the meanwhile, a
circular has also been issued by the Registrar to regularize the services of
the persons who are appointed during he period from 08.07.1980 to
12.03.2001 pursuant to the direction of this Court in W.P.No.21440 of
2015 dated 19.02.2021. These circumstances are not in dispute.
7. Now the impugned Order has been passed on the ground that she
has not been regularized in the cadre of clerk, whereas she has been
directly promoted as a Secretary. It is relevant to note that the
Government Order in G.O.[2D] No.108 Co-operation, Food and
Consumer Protection Department dated 31.08.2005 deals with delegation
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W.P.No.17294 of 2022
of powers of Co-operative Societies. In the above Government Order, the
Deputy Registrar of the Co-operative Societies has no power in respect of
service matters. The Joint Registrar is empowered with said powers. In
this regard also a Writ Petition in W.P.No.2628 of 2015 has been filed
wherein this Court has held as follows :
6. In this regard, the Government issued G.O.(2D)
No.108, Cooperation, Food and Consumer Protection
Department, dated 31.08.2005, delegating the powers of
the Registrar of Cooperative Societies under the Act. As per
the delegation of powers notified under the provisions of the
Tamil Nadu Cooperative Societies Act, 1983, the Deputy
Registrar of Cooperative Societies is not empowered to
exercise the powers in respect of service matters of the
employees working in the Cooperative Societies. The said
power has been delegated to the Joint Registrar of
Cooperative Societies.
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W.P.No.17294 of 2022
7. The learned counsel appearing on behalf of the
fourth respondent-employee objected the said contentions
raised on behalf of the petitioner by stating that the Deputy
Registrar of Cooperative Societies is having control over the
Cooperative Societies and he is also an Authority under the
provisions of the Tamil Nadu Cooperative Societies Act.
Thus, the present writ petition is to be rejected.
8. Under Section 172 of the Tamil Nadu Cooperative
Societies Act, the powers of the Government may be
delegated. Sub-section (1) to Section 172 of the Act,
contemplates that “The Government may, by Notification,
authorise any Authority or Officer to exercise any of the
powers vested in them by this Act except the powers
conferred under sections 170 and 180 and may in like
manner withdraw such Authority”. Pursuant to the said
powers conferred under Section 172 of the Act,
Government issued Notification delegating the powers to
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W.P.No.17294 of 2022
certain Subordinate Authorities. As per the delegation of
powers, the Joint Registrar of Cooperative Societies is the
Authority to deal with the revision petition under Section
153 of the Cooperative Societies Act and relating to the
service matters and the grievances of the employees in
respect of the Cooperative Societies. Therefore, such a
power delegated to the Joint Registrar, cannot be usurped
by the Deputy Registrar. Thus, the Deputy Registrar, in the
present case, has issued the impugned order without any
jurisdiction and therefore, the same is liable to be set
aside.”
8. Considering the above judgment, the Deputy Registrar is not
vested with the power to deal with the service matters of the employees of
the Cooperative Societies and and he has no jurisdiction to pass the
impugned Order. Therefore, when any Order is passed by a person who
has no jurisdiction, this Court is of the view that this Writ Petition is very
well maintainable. In such view of the matter, the impugned Order
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W.P.No.17294 of 2022
passed by the authority without any jurisdiction, such an Order cannot be
sustained in the eye of law.
9. Accordingly, this Writ Petition is allowed and the impugned
Order passed by the first respondent dated 13.05.2022 is set aside.
Consequently, connected miscellaneous petitions are closed. No costs.
07.07.2023
Index:Yes/No
Neutral Citation : Yes/No
vrc
To,
1. The Deputy Registrar of Co-operative Societies,
Thiruvarur Circle,
Backside of Collectorate, Thiruvarur,
Thiruvarur District – 610 001.
2. The C-operative Sub Registrar / Field Officer,
O/o.Deputy Registrar of Co-operative Societies,
Backside of Collectorate,
Thiruvarur, Thiruvarur District – 610 001.
https://www.mhc.tn.gov.in/judis
W.P.No.17294 of 2022
3. The President,
ZA.105, Nadukandankudi Primary Aricultural
Co-operative Credit Society,
Kollapuram Village & Post – 609 608
Nannilam Taluk, Thiruvarur District.
https://www.mhc.tn.gov.in/judis
W.P.No.17294 of 2022
N.SATHISH KUMAR, J.
vrc
WP.No.17294 of 2022
07.07.2023
https://www.mhc.tn.gov.in/judis
