Madras High Court
A.Muthukumar vs The Secretary To Government on 3 January, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.35381 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.35381 of 2023
and
W.M.P.No.35354 of 2023
1.A.Muthukumar
2.K.Gopalakrishnan
3.N.Suresh Sankar
4.K.Mohanraj
5.T.J.Siva Renjith
6.P.Thamilarasan ...Petitioners
-Vs-
1.The Secretary to Government,
Co-operation, Food and Consumer
Protection Department,
Secretariat, Fort St.George, Chennai – 600 009.
2.The Registrar of Co-operative Societies,
No.170, Periyar EVR Road,
Kilpauk, Chennai – 600 010.
3.The Chairman,
State Recruitment Bureau,
No.170, Periyar EVR Road,
Kilpauk, Chennai – 600 010.
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.35381 of 2023
4.The Administrator,
The Tamil Nadu State Apex
Co-operative Bank Limited,
Chennai – 600 001. ... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Mandamus, directing the Respondents to issue a
seniority list for the employees appointed in the co-operative banks since 2015-
16 and accordingly issue orders of promotion in accordance with new seniority
list.
For Petitioners : Mr.V.Subramani
For Respondents : Mr.U.Baranidharan
1 to 3 Additional Government Pleader
For Respondent 4 : Mr.N.Naveen Kumar
Government Advocate
ORDER
This writ petition has been filed for direction to the respondents to issue
seniority list for the employees in the co-operative banks since 2015-16 and
accordingly issue orders of promotion in accordance with new seniority list.
2. Heard, the learned counsel appearing on either side.
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3. There are 1700 employees recruited and appointed through State
Recruitment Bureau in the co-operative Banks during years 2015-16.
Thereafter, nearly 300 employees were recruited during the year 2021 in the
Apex Co-operative institutions and about 1500 employees were recruited in 23
District Central Co-operative Banks in the year 2021 through District
Recruitment Bureau. They have been working in various co-operative banks all
over Tamilnadu. There was an issue of fixation of seniority in the seniority list
prepared based on recruitment or through roster provided under Rule 35(f) of
the General Rules of TamilNadu State and Subordinate Services. It was
challenged before this Court and the Hon'ble Division Bench of this Court
ordered that seniority list is to be maintained based on the seniority obtained at
the time of appointment based on marks obtained in the examination. It was
also confirmed by the Hon'ble Supreme Court of India. However, it was not
complied with by the Government of Tamil Nadu. As such, the petitioners filed
a contempt petition before the Hon'ble Supreme Court of India. The Hon'ble
Supreme Court of India passed an order dated 18.04.2023 in the contempt
petition. In the said contempt petition, the Hon'ble Supreme Court of India held
as follows:
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''17. We, therefore, through are not inclined to disturb the
seniority lists which are finalized prior to 10th March, 2023 wherein
the benefit is granted to either of the parties i.e., as per the roaster or
as per seniority list, the seniority list finalized after 10th March, 2003
will have to be re-visited in accordance with law laid down by this
Court in BimleshTanwar (supra) and the first judgment of the Madras
High Court.
21. We therefore, direct the State Government to complete the
exercise of finalizing the seniority list of selection processes
conducted after 10th March, 2003 on the basis of the principle that
the seniority list shall be reckoned only on the basis of the merit as
determined by the TNPSC in the selection process.
23. Needless to state that if this exercise is not completed within a
period of three months from today, we will consider re-opening of the
contempt proceedings.''
4. Insofar as Co-operative Department is concerned, the State has not
initiated any process to publish the seniority list. Therefore, it should be
prepared only by the respondents.
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5. Therefore, the respondents are directed to issue seniority list for the
employees appointed in the Co-operative Banks from the year 2015 in
accordance with law within a period of twelve weeks from the date of receipt of
copy of this order, if not already issued.
6. With the above direction, this writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
03.01.2024
Internet: Yes
Index : Yes/No
Speaking/Non Speaking order
gvn
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G.K.ILANTHIRAIYAN. J,
gvn
To
1.The Secretary to Government,
Co-operation, Food and Consumer
Protection Department,
Secretariat, Fort St.George, Chennai – 600 009.
2.The Registrar of Co-operative Societies,
No.170, Periyar EVR Road,
Kilpauk, Chennai – 600 010.
3.The Chairman,
State Recruitment Bureau,
No.170, Periyar EVR Road,
Kilpauk, Chennai – 600 010.
4.The Administrator,
The Tamil Nadu State Apex
Co-operative Bank Limited,
Chennai – 600 001.
and
03.01.2024
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