Madras High Court
B.Gopalakrishnan vs Government Of Tamil Nadu on 20 February, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
2025:MHC:489
W.P.Nos.22611 of 2024 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025
CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.P.Nos.22611, 16132, 21388, 21394, 21397, 22624, 21400, 22683,
22727, 25860 of 2024
1 B.GOPALAKRISHNAN
2 S.PARAMESWARAN
3 S.S.KRISHNAMOORTHY
4 M.RAVICHANDRAN
5 R.GNANASKANTHAN .. PETITIONERS IN WP.16132 OF 2024
Vs
1 GOVERNMENT OF TAMIL NADU
REP. BY ITS 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 ADDITIONAL REGISTRAR OF
CO-OPERATIVE SOCIETIES
FINANCE AND BANKING, COMMON CADRE AUTHORITY
THE OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES
NO.170, PERIYAR EVR ROAD, KILPAUK, CHENNAI 600 010
4 THE MANAGING DIRECTOR
THE ERODE DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED
BHAVANI MAIN ROAD OPP. TO VOC PARK (EAST GATE)
GARUNGAL PALAYAM POST, ERODE 638 003
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5 THE MANAGING DIRECTOR
THE COIMBATORE DISTRICT CENTRAL CO-OPERATIVE
BANK LIMITED
NO.80, BANK ROAD, OPPOSITE TO RAILWAY STATION
COIMBATORE 641 018
6 THE MANAGING DIRECTOR
THE CHENNAI DISTRICT CENTRAL CO-OPERATIVE
BANK LIMITED
NO.215, PRAKASAM SALAI
BROADWAY, CHENNAI 600 108
7 MRS.SENTHAMARAI A
MANAGER, THE TIRUCHIRAPPALLI DISTRICT
CENTRAL COOPERATIVE BANK LTD.,
NO.1, FORT STATION ROAD
TEPPAKULAM, TIRUCHIRAPPALLI 620 002 .. RESPONDENTS IN WP.16132 OF 2024
W.P.No.16132 of 2024 is filed under Article 226 of the Constitution
of India praying for issuance of a Writ of Declaration, declaring the
amendment to Rule 7(3) of the 1st respondent in G.O.Miscellaneous No.11,
Co-operation Food and Consumer Protection Department dated 24.01.2024
and the consequent provisional seniority list dated 29.05.2024 bearing
ref.No. Rc.No.12367/ 2024-25/CCS to be ultra vires as offending Article 14
and 16 of the Constitution of India.
For Petitioners :: Mr.V.Prakash
Senior Counsel for
Mr.Gautam S.Raman
For Respondents :: Mrs.M.Geetha Thamaraiselvan
Special Government Pleader
for R1 to R3
Mr.P.Kannankumar for R4
Mr.B.Gandhi for R6
No appearance for R5 and R7
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MRS.N.NIRMALA .. PETITIONER IN WP.22611 OF 2024
MR.PALANIKUMAR, S/O KRISHNASAMY .. PETITIONER IN WP.21388 OF 2024
T.ASHOK KUMAR .. PETITIONER IN WP.21394 OF 2024
P.KARMEGAM .. PETITIONER IN WP.21397 OF 2024
MR.N.GOVINDAN .. PETITIONER IN WP.21400 OF 2024
MR.J.ARUNACHALAM .. PETITIONER IN WP.22624 OF 2024
MRS.UDAYAKUMARI, W/O M.JANAKIRAMAN .. PETITIONER IN WP.22683 OF 2024
MR.K.GOVINDARAJU .. PETITIONER IN WP.22727 OF 2024
..
Vs
1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
COOPERATION, FOOD AND CONSUMER
PROTECTION DEPARTMENT
CHENNAI 600 009
2 ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES /
CHAIRMAN COMMON CADRE AUTHROITY
O/O THE REGISTRAR OF COOPERATIVE SOCIEITIES
E.V.R. HIGH ROAD, CHENNAI 600 010
3 THE ADMINISTRATOR
CHENNAI CENTRAL COOPERATIVE BANK
215, PRAKASAM SALAI, CHENNAI 600 108 .. RESPONDENTS IN
ALL THE ABOVE WP's
W.P.Nos.22611, 21388, 21394, 21397, 21400, 22624, 22683, 22727
of 2024 are filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Certiorarified Mandamus, calling for the records
pertaining to the G.O.Ms.No.11, Cooperation, Food and Consumer
Protection dated 24.01.2024 of the first respondent as notified in the Tamil
Nadu Government Gazette dated 13.03.2024 and the consequential State
Level Approved Seniority List of Managers of District Central Cooperative
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Bank as on 01.05.2024 and to quash the same and consequently direct the
respondents to continue the district wise promotions.
For Petitioners :: Mr.V.P.Sengottuvel
Senior Counsel for
Mr.A.Praveen Kumar in
W.P.Nos.22611, 21388, 21394,
21397, 21400 of 2024
Mr.V.P.Sengottuvel
Senior Counsel for
Mr.P.Anbarasan in
W.P.Nos.22624, 22683, 22727
of 2024
For Respondents :: Mrs.M.Geetha Thamaraiselvan
Special Government Pleader
for R1 & R2
Mr.B.Gandhi for R3
MRS.K.JAYALAKSHMI .. PETITIONER IN WP.25860 OF 2024
Vs
1 THE ADDITIONAL CHIEF SECRETARY TO
THE GOVERNMENT
COOPERATION, FOOD AND CONSUMER
PROTECTION DEPARTMENT, CHENANI 600 009
2 ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES
CHAIRMAN COMMON CADRE AUTHORITY
O/O THE REGISTRAR OF COOPERATIVE SOCIETIES
E.V.R. HIGH ROAD, CHENNAI 600 010
3 THE ADMINISTRATOR
CHENNAI CENTRAL COOPERATIVE BANK
215 PRAKASAMSALAI, CHENNAI 600 108
4 P. GOMATHI
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ASSISTANT GENERAL MANAGER THANJAVUR
DISTRICT CENTRAL COOPERATIVE BANK THANJAVUR
5 S.DURAIARASU
ASSISTANT GENERAL MANAGER CUDDALORE
DISTRICT CENTRAL COOPERATIVE BANK CUDDALORE
6 C.NALLASIVAM
ASSISTANT GENERAL MANAGER MADURAI DISTRICT
CENTRAL COOPERATIVE BANK MADURAI
7 M.GIRIJA
ASSISTANT GENERAL MANAGER KUMBAKONAM
DISTRICT CENTRAL COOPERATIVE BANK KUMBAKONAM
8 G.GUNASEKARAN
ASSISTANT GENERAL MANAGER SALEM DISTRICT
CENTRAL COOPERATIVE BANK SALEM
9 B.ARSATH ABDULLAH
ASSISTANT GENERAL MANAGER COIMBATORE
DISTRICT CENTRAL COOPERATIVE BANK COIMBATORE
10 D.TAMILKUMARAN
ASSISTANT GENERAL MANAGER TIRUNELVELI
DISTRICT CENTRAL COOPERATIVE BANK
TIRUNELVELI
11 M.RAVICHANDRAN
ASSISTANT GENERAL MANAGER RAMANATHAPURAM
DISTRICT CENTRAL COOPERATIVE BANK
RAMANATHAPURAM
12 M.BHANUMATHI
ASSISTANT GENERAL MANAGER VIRUDHUNAGAR
DISTRICT CENTRAL COOPERATIVE BANK
VIRUDHUNAGAR
13 N.SENTHILVELAN
ASSISTANT GENERAL MANAGER TIRUCHIRAPALLI
DISTRICT CENTRAL COOPERATIVE BANK, TIRUCHIRAPALLI
14 K.THIRUVALLAVAN
ASSISTANT GENERAL MANAGER ERODE DISTRICT
CENTRAL COOPERATIVE BANK ERODE
15 S.ALAGURANI
ASSISTANT GENERAL MANAGER SIVAGANGAI
DISTRICT CENTRAL COOPERATIVE BANK SIVAGANGAI
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16 S.RAVINDRAN
ASSISTANT GENERAL MANAGER MADURAI DISTRICT
CENTRAL COOPERATIVE BANK MADURAI
17 T.SURESH
ASSISTANT GENERAL MANAGER NILAGIRI DISTRICT
CENTRAL COOPERATIVE BANK NILAGIRI
18 S. ABIRAMI
ASSISTANT GENERAL MANAGER VILLUPURAM
DISTRICT CENTRAL COOPERATIVE BANK VILLUPURAM
19 T.RAAJAKUMARI
ASSISTANT GENERAL MANAGER KUMBAKONAM
DISTRICT CENTRAL COOPERATIVE BANK KUMBAKONAM
20 SARAVANAN
ASSISTANT GENERAL MANAGER CHENNAI DISTRICT
CENTRAL COOPERATIVE BANK CHENNAI
21 S.SENTHILVEL SUBRAMANIAN
ASSISTANT GENERAL MANAGER TRICHY DISTRICT
CENTRAL COOPERATIVE BANK TRICHY
22 P.KAASIRAJAN
ASSISTANT GENERAL MANAGER SIVAGANGAI
DISTRICT CENTRAL COOPERATIVE BANK
SIVAGANGAI .. RESPONDENTS IN WP.25860 OF 2024
W.P.No.25860 of 2024 is filed under Article 226 of the Constitution
of India, praying for issuance of a Writ of Certiorarified Mandamus, calling
for the records pertaining to the G.O.Ms.No.11, Co-operation, Food and
Consumer Protection dated 24.01.2024 of the first respondent as notified in
the TamilNadu Government Gazette dated 13.03.2024 and the 2nd
respondent consequential State Level Approved Seniority List of Managers
of District Central Cooperative Bank as on 01.05.2024 and the order of 2 nd
respondent promoting and posting of Assistant General Managers in
Na.Ka.12367/2024-25/Bobase dated 05.08.2024 and to quash the same and
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consequently direct the respondents to continue the district wise
promotions.
For Petitioner :: Mr.V.P.Sengottuvel
Senior Counsel for Mr.P.Anbarasan
For Respondents :: Mrs.Geetha Thamaraiselvan
Special Government Pleader for
R1 & R2
Mr.B.Gandhi for R3
No appearance for R4 to R22
COMMON ORDER
(Order of the Court was made by S.M.SUBRAMANIAM,J.)
(i) W.M.P.No.17672 of 2024 seeking to permit the petitioners to file a
single writ petition stands ordered on payment of separate Court fee.
(ii) For the reasons stated in the affidavits, W.M.P.Nos.17677 &
28227 of 2024 are ordered.
2. This batch of writ petitions on hand has been instituted either to
issue a writ of declaration declaring the amendment to Rule 7(3) of the 1st
respondent in G.O.(Ms)No.11, Co-operation, Food and Consumer
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Protection Department dated 24.01.2024 and the consequential provisional
seniority list dated 29.05.2024 bearing ref.No.Rc.No.12367/ 2024-25/CCS
to be ultra vires as offending Article 14 and 16 of the Constitution of India
or to issue a writ of certiorarified mandamus, calling for the records
pertaining to the G.O.Ms.No.11, Co-operation, Food and Consumer
Protection dated 24.01.2024 of the first respondent as notified in the Tamil
Nadu Government Gazette dated 13.03.2024 and the consequential State
Level Approved Seniority List of Managers of District Central Cooperative
Bank as on 01.05.2024 and to quash the same and consequently direct the
respondents to continue the district wise promotions, respectively.
3. The facts in brief as stated by the writ petitioners reveal that the
petitioners have been employed in various District Central Cooperative
Banks across the State of Tamil Nadu in the subordinate posts. The
petitioners were promoted as Managers and the next avenue of promotion is
to the post of Assistant General Manager. The Government issued the
impugned Government Order incorporating the post of Assistant General
Manager under Common Cadre Service, in exercise of the powers conferred
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on the Government under Section 75 of the Tamil Nadu Cooperative
Societies Act, 1983 (for short, “the Act”).
4. The inclusion of the post of Assistant General Manager into
Common Cadre Service caused prejudice to the promotional opportunities
of the writ petitioners for securing promotion to the post of Assistant
General Manager, since the State-wise seniority list of Managers is notified
for grant of promotion to the post of Assistant General Manager. Thus the
writ petitions came to be instituted challenging the amendment and/or
inclusion of the post of Assistant General Manager in Common Cadre
Service.
5. The learned Senior Counsel Mr.V.Prakash appearing on behalf of
the petitioners in W.P.No.16132 of 2024 would mainly contend that an
employee, who entered into the services of one central cooperative bank, is
deprived of his length of service in his parent bank, in view of the
amendment and the publication of the State-wise seniority list. For
example, a junior employee, who was promoted to the post of Manager in
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one central cooperative bank, may overlook another senior employee, who
was promoted to the post of Manager in another central cooperative bank.
Therefore, the senior employees who were promoted as Managers, on
account of non-availability of vacancy in the post of Assistant General
Manager in their parent banks, are deprived of their further promotions to
the posts of Assistant General Manager and General Manager, on account of
inclusion of the post of Assistant General Manager in Common Cadre
Service. The learned Senior Counsel further contended that merit
assessment has not been made and the seniority alone is followed for grant
of promotion to the post of Assistant General Manager. Rule 8 of the Tamil
Nadu Central Co-operative Banks Common Cadre Service Rules, 2019
contemplates that educational qualifications and experience for the cadre
personnel are to be taken into consideration for selection and appointment
to the common cadre posts. The spirit of the said rule has been flouted by
the Common Cadre Authority and thus the impugned Government Order is
to be declared as ultra vires and unconstitutional. The learned Senior
Counsel has relied on the following Supreme Court judgments in support of
his contentions:-
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(i) S.B.Patwardhan and another v. State of Maharashtra and others,
(1977) 3 SCC 399.
(ii) B.L.Goel v. State of Uttar Pradesh and others, (1979) 2 SCC 378.
(iii) Siraj Ahmad v. State of Uttar Pradesh and another, (2020) 19
SCC 480.
6. The learned Senior Counsel Mr.V.P.Sengottuvel appearing on
behalf of the petitioners in all the other writ petitions would also urge this
Court by stating that the central cooperative bank employees, who are all
promoted as Managers, are unable to get promotion to the post of Assistant
General Manager on account of publication of the State-wise seniority list.
The Common Cadre Service Rules regarding assessment on merits are not
being followed. The non-consideration of the relevant rules resulted in
denial of promotional opportunity to the writ petitioners. Thus the
impugned Government Order is discriminatory and violative of Articles 14
and 16 of the Constitution of India.
7. The learned Special Government Pleader Mrs.Geetha
Thamaraiselvan would oppose by stating that the Common Cadre Authority
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is making merit assessment by conducting interview at the time of
considering the names for promotion to the common cadre posts. Therefore,
Rule 8 of the Common Cadre Service Rules has been followed by the
Common Cadre Authority at the time of granting promotion. The seniority
is followed based on the date of entry into service in the feeder post of
Manager and therefore, the senior most officials employed in the cadre of
Managers will be considered in the panel prepared for promotion to the post
of Assistant General Manager. All the officials who are included in the
panel, depending upon the availability of vacancies, will be considered on
the basis of seniority-cum-merit and therefore, there is no infirmity in
respect of the procedures followed for promotion to the common cadre
posts.
8. This Court considered the arguments as advanced between the
parties to the lis on hand.
9. The constitution of Common Cadre Service is provided under
Section 75 of the Act. Sub-section (1) of Section 75 states that
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notwithstanding anything contained in this Act or the by-laws made
thereunder and subject to the rules made by the Government in this behalf,
the Government may, in the interest of the co-operative movement,
constitute from time to time, by order, in respect of – (i) scheduled co-
operative societies; or (ii) primary societies affiliated to such scheduled co-
operative societies; or (iii) co-operative sugar mills, co-operative spinning
mills, co-operative tea factories and such other registered societies
prescribed for the purposes of sub section (4) of section 33; or (iv) such
other class or category of registered societies in which the Government have
taken shares or given financial or other assistance as may be notified by the
Government, one or more common cadre of service in respect of the posts of
secretaries, assistant secretaries, executive officers, assistant executive
officers, general managers, assistant general managers, managers, assistant
managers, purchase managers, purchase officers, assistant purchase officers,
development officers, chief accountants, chief accounts officers, accounts
officers and such other class or classes of posts as may be notified by the
Government. The common cadre of 47 service under this section may be
constituted either separately in respect of the said posts in any group of
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registered societies mentioned in item (i) or item (ii) or item (iii) or item
(iv), as the case may be, or jointly for the aforesaid posts in one or more of
the groups of registered societies mentioned in the said items (i), (ii), (iii)
and (iv) or of two or more of the registered societies in any one of the
groups mentioned in the said items.
10. Sub-section (2) of Section 75 in clear terms stipulates that on the
date of constitution of such common cadre of service, all the employees
shall be deemed to have been absorbed in the common cadre of service with
effect on and from the date of constitution of such common cadre of service.
Therefore, on notification by the Government under Section 75 constituting
common cadre of service, all the employees holding such posts shall be
deemed to have been absorbed in the common cadre services. However, the
first proviso to sub-section (2) of Section 75 protects the service conditions
of the officials. It states that the salary (including allowances) of any such
employee shall not be varied to his disadvantage. Thus the service
conditions relating to salary remains unaltered.
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11. The second proviso to sub-section (2) of Section 75 enumerates
that the employee may, within such period as may be prescribed, by notice
in writing to the competent authority constituted under sub-section (3),
intimate his option for not becoming a member of such common cadre of
service. Therefore, an employee is given an option to promotion in the same
cadre in his parent cooperative society by relinquishing his promotional
opportunities to the common cadre posts.
12. Section 75 of the Act protects the service conditions of the
employees who are all brought in the common cadre services.
13. Admittedly, Section 75 of the Act is not under challenge. The
Government Order issued in G.O.Ms.No.11 dated 24.01.2024 and the
notification issued in exercise of the powers conferred by sub-section (1) of
Section 180 read with sub-section (1) of Section 75 of the Act, alone is
under challenge. Therefore, this Court has to examine whether the
impugned Government Order issued in G.O.Ms.No.11 contravenes any of
the clauses under Section 75 of the Act.
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14. The impugned order reveals that the post of Assistant General
Manager is included in the common cadre services. It prescribes due
maintenance of list of members of common cadre services and a list of
employees in the feeder posts for the cadre posts of General Manager and
Assistant General Manager, namely, Assistant General Managers and
Managers respectively, working in all the central cooperative banks across
the State of Tamil Nadu. Accordingly, the State-wise seniority lists of
Managers and Assistant General Managers are notified. However, the
present writ petitions have been instituted challenging the incorporation of
the post of Assistant General Manager into common cadre services. The
impugned Government Order reveals that the service benefits including
salary and other allowances are protected and does not seem to be
disadvantageous to the employees who are all brought into the common
cadre services.
15. The only grievance of the writ petitioners is that their long
services from the date of entry into the parent central cooperative banks are
to be taken into consideration, since the employees who joined later in the
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services could secure promotion to the post of Assistant General Manager.
16. The said grievance arises on account of bringing the post of
Assistant General Manager into the common cadre services.
17. This Court is of the considered opinion that promotion per se
cannot be claimed as absolute right by an employee. All promotions are to
be granted strictly in accordance with the service rules in force. Therefore,
there is no assurance about the promotional opportunity to an employee at
the time of entering into the services of a cooperative bank. Whenever
vacancy arises and an administrative decision is taken to fill up the vacancy,
then alone the consideration would arise. Thereafter, the competent
authority has to prepare a panel of eligible candidates who are all waiting to
secure promotion to the higher posts. Amongst the employees included in
the approved panel, seniority-cum-merit is to be considered for grant of
promotion and therefore an employee, who is working for long years in a
particular central cooperative bank, has no vested right to claim promotion
to the higher post.
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18. So far as the judgments relied on by the learned Senior Counsel
Mr.Prakash are concerned, the facts in those cases are distinguishable and
more so, in the present cases, Section 75 of the Act has not been challenged.
Section 75 confers power on the Government to include the post of
Assistant General Manager in the common cadre services. Thus the said
judgments are of no avail to the petitioners to secure the reliefs.
19. The principles in this regard have been enunciated by the Hon'ble
Supreme Court in the case of Union of India and another v. Manpreet Singh
Poonam etc., reported in 2022 LiveLaw (SC) 254. Paragraph-14 of the said
judgment is extracted hereunder:-
“14. The High Court also fell in error in taking note of
the delay in considering the case of the respondents to
the promotional post of JAG-I. No officer has a vested
right to a promotional post, which is restricted to that of
consideration according to law. The law on this aspect is
settled by this Court in the case of Ajay Kumar Shukla
and Ors. v. Arvind Rai and Ors., 2021 SCC OnLine SC
1195:
“37. This Court, time and again, has laid
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emphasis on right to be considered for
promotion to be a fundamental right, as was
held by K. Ramaswamy, J., in the case of
Director, Lift Irrigation Corporation Ltd. v.
Pravat Kiran Mohanty [(1991) 2 SCC 295] in
paragraph 4 of the report which is reproduced
below:
“4… There is no fundamental right to
promotion, but an employee has only
right to be considered for promotion,
when it arises, in accordance with
relevant rules. From this perspective in
our view the conclusion of the High
Court that the gradation list prepared by
the corporation is in violation of the
right of respondent/writ petitioner to
equality enshrined under Article 14 read
with Article 16 of the Constitution, and
the respondent/writ petitioner was
unjustly denied of the same is obviously
unjustified.”
38. A Constitution Bench in case of Ajit Singh
v. State of Punjab [(1999) 7 SCC 209], laying
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emphasis on Article 14 and Article 16(1) of the
Constitution of India held that if a person who
satisfies the eligibility and the criteria for
promotion but still is not considered for
promotion, then there will be clear violation of
his/her's fundamental right. Jagannadha Rao, J.
speaking for himself and Anand, CJI.,
Venkataswami, Pattanaik, Kurdukar, JJ.,
observed the same as follows in paragraphs 21
and 22 and 27:
“21 : Articles 14 and 16(1) : is right to
be considered for promotion a
fundamental right
22 : Article 14 and Article 16(1) are
closely connected. They deal with
individual rights of the person. Article
14 demands that the “State shall not
deny to any person equality before the
law or the equal protection of the laws”.
Article 16(1) issues a positive command
that “there shall be equality of
opportunity for all citizens in matters
relating to employment or appointment
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to any office under the State”.
It has been held repeatedly by this Court
that clause (1) of Article 16 is a facet of
Article 14 and that it takes its roots from
Article 14. The said clause particularises
the generality in Article 14 and
identifies, in a constitutional sense
“equality of opportunity in matters of
employment and appointment to any
office under the State. The word
“employment” being wider, there is no
dispute that it takes within its fold, the
aspect of promotions to posts above the
stage of initial level of recruitment.
Article 16(1) provides to every
employee otherwise eligible for
promotion or who comes within the
zone of consideration, a fundamental
right to be “considered” for promotion.
Equal opportunity here means the right
to be “considered” for promotion. If a
person satisfies the eligibility and zone
criteria but is not considered for
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promotion, then there will be a clear
infraction of his fundamental right to be
“considered” for promotion, which is his
personal right.
“Promotion based on equal opportunity
and seniority attached to such promotion
are facets of fundamental right under
Article 16(1)
xxx xxx xxx
27. In our opinion, the above view
expressed in Ashok Kumar Gupta and
followed in Jagdish Lal and other cases,
if it is intended to lay down that the
right guarantee to employees for being
“considered” for promotion according to
relevant rules of recruitment by
promotion (i.e. whether on the basis of
seniority or merit) is only a statutory
right and not a fundamental right, we
cannot accept the proposition. We have
already stated earlier that the right to
equal opportunity in the matter of
promotion in the sense of a right to be
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“considered” for promotion is indeed a
fundamental right guaranteed under
Article 16(1) and this has never been
doubted in any other case before Ashok
Kumar Gupta right from 1950.”
20. Therefore, the sequence of inclusion of the post of Assistant
General Manager in common cadre services and the publication of State-
wise seniority list would not provide any cause or right for the employees
who are all holding the post of Manager in various central cooperative
banks across the State of Tamil Nadu.
21. The argument advanced on behalf of the petitioners that if the
post of Assistant General Manager has not been incorporated in the
common cadre services, the employees working in the said cooperative bank
will get promotion to the higher post in advance, deserves no merit
consideration, since promotion per se cannot be claimed as a matter of right.
22. In the absence of any vacancy in the higher post, the employees
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are getting the benefits of higher scale of pay as per the pay rules or as per
the Government Orders. It is brought to the notice of this Court that the
cooperative bank employees are also getting the benefit of selection grade
and special grade. Therefore, the employees are getting higher salary
equivalent to the salary applicable to the higher post. That apart, none of the
service conditions are violated.
23. The service rendered by the employees of the central cooperative
banks is a contract and the service conditions cannot be altered to the
disadvantage of the employees. Notifying the post of Assistant General
Manager into common cadre service is a policy decision taken by the
Government in exercise of the powers conferred under Section 75 of the
Act. The Act itself contemplates that the service conditions of the
employees are to be protected. While so, the petitioners have not established
any cause or right so as to interfere with the impugned notification nor the
impugned notification including the post of Assistant General Manager in
common cadre of service can be declared as violative of Articles 14 and 16
of the Constitution of India. The amendment and the incorporation of the
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W.P.Nos.22611 of 2024 etc.
post of Assistant General Manager is in consonance with Section 75 of the
Act and therefore, this Court is unable to find any acceptable ground for the
purpose of granting the relief of declaration and/or to quash the impugned
Government Order as such sought for in this batch of writ petitions.
Accordingly, all the writ petitions are dismissed. Consequently,
W.M.P.Nos.17675, 17676, 24637, 24638, 23345, 23350, 23356, 23359,
24654, 24655, 24710, 24711, 24755, 24757, 28229, 28330 of 2024 are also
dismissed. No costs.
Index : yes (S.M.S.,J.) (K.R.S.,J.)
Neutral citation : yes 20.02.2025
ss
To
1 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
COOPERATION, FOOD AND CONSUMER
PROTECTION DEPARTMENT
CHENNAI 600 009
2 THE SECRETARY TO GOVERNMENT
CO-OPERATION, FOOD AND CONSUMER PROTECTION
DEPARTMENT, SECRETARIAT, FORT ST.GEORGE
CHENNAI 600 009
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
NO.170, PERIYAR EVR ROAD
KILPAUK, CHENNAI 600 010
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W.P.Nos.22611 of 2024 etc.
4 THE ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES /
CHAIRMAN COMMON CADRE AUTHROITY
O/O THE REGISTRAR OF COOPERATIVE SOCIEITIES
E.V.R. HIGH ROAD, CHENNAI 600 010
5 THE ADMINISTRATOR
CHENNAI CENTRAL COOPERATIVE BANK
215, PRAKASAM SALAI, CHENNAI 600 108
6 THE MANAGING DIRECTOR
THE ERODE DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED
BHAVANI MAIN ROAD OPP. TO VOC PARK (EAST GATE)
GARUNGAL PALAYAM POST, ERODE 638 003
7 THE MANAGING DIRECTOR
THE COIMBATORE DISTRICT CENTRAL CO-OPERATIVE
BANK LIMITED
NO.80, BANK ROAD, OPPOSITE TO RAILWAY STATION
COIMBATORE 641 018
8 THE MANAGING DIRECTOR
THE CHENNAI DISTRICT CENTRAL CO-OPERATIVE
BANK LIMITED
NO.215, PRAKASAM SALAI
BROADWAY, CHENNAI 600 108
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W.P.Nos.22611 of 2024 etc.
S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
ss
W.P.Nos.22611 of 2024 etc.
20.02.2025
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