Madras High Court
C.Govindasamy vs The Principal Secretary To Government on 21 December, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.34182 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2022
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.34182 of 2022
C.Govindasamy ... Petitioner
Vs.
1.The Principal Secretary to Government,
Cooperative, Food and Consumer Protection Department,
Secretariat,
Chennai - 600 009.
2.The Registrar of Cooperative Societies,
E.V.R.Road,
Keelpakkam,
Chennai - 600 010.
3.The Joint Registrar of Cooperative Societies,
Salem Region,
IV-th Floor, Collectorate,
Salem.
4.The Deputy Registrar of Cooperative Societies,
Omalur Circle,
Omalur Taluk,
Salem District.
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W.P.No.34182 of 2022
5.The President,
S.768, K.N.Pudhur Primary Agricultural
Cooperative Credit Society Ltd.,
K.Morur Post,
Kadaiyampatty Taluk,
Salem District. ... Respondents
PRAYER: Writ Petition has been filed under Article 226 of the
Constitution of India to issue a Writ of Mandamus, directing the 1st
respondent to requesting to grant the regular absorption of the petitioner
into service on par with other similarly placed persons with consequential
seniority and promotion to the higher post based on eligibility, with all
consequential and attendant benefits based on the petitioner's representation
dated 14.10.2022.
For Petitioner : Mr.M.Govindan
For Respondents : Mr.D.Ravichander
Special Government Pleader
for R1 to R4
Mr.T.M.Rajangam
Government Advocate
for R5
ORDER
The grievance of the petitioner is that he has not been granted regular absorption into service on par with other similarly placed employees.
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2. According to the petitioner, similarly placed employees were granted regularization and they were also granted consequential seniority and promotion to a higher post based on their eligibility. However, according to the petitioner, the same has not been granted to him.
3. The petitioner is working as a Clerk in the fifth respondent Cooperative Society. The petitioner has given a representation on 14.10.2022 to the respondents, requesting them to grant regular absorption to him and also grant consequential seniority and promotion to him. Since the representation has not been considered till date, he has filed this Writ Petition.
4. Heard, Mr.M.Govindan, learned counsel for the petitioner and Mr.D.Ravichander, learned Special Government Pleader accepts notice for R1 to R4 and Mr.T.M.Rajangam, learned Government Advocate accepts notice for R5.
5. No prejudice would be caused to the respondents if the petitioner's representation as stated supra is considered on merits and in accordance 3/6 https://www.mhc.tn.gov.in/judis W.P.No.34182 of 2022 with law within a time frame to be fixed by this Court.
6. For the foregoing reasons, this Court directs the fifth respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 14.10.2022 seeking for regular absorption into service on par with other similarly placed persons with consequential seniority and promotion to the higher post based on his eligibility with all consequential and attendant benefits within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the aforementioned directions, this Writ Petition is disposed of. No Costs.
21.12.2022
Index : Yes/No
Speaking Order : Yes / No
ab
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1.The Principal Secretary to Government, Cooperative, Food and Consumer Protection Department, Secretariat, Chennai - 600 009.
2.The Registrar of Cooperative Societies, E.V.R.Road, Keelpakkam, Chennai - 600 010.
3.The Joint Registrar of Cooperative Societies, Salem Region, IV-th Floor, Collectorate, Salem.
4.The Deputy Registrar of Cooperative Societies, Omalur Circle, Omalur Taluk, Salem District.
5.The President, S.768, K.N.Pudhur Primary Agricultural Cooperative Credit Society Ltd., K.Morur Post, Kadaiyampatty Taluk, Salem District.
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