IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2011
CORAM:
THE HONBLE MR. JUSTICE K.CHANDRU
W.P.No.26139 of 2010
1 M.CHENNU [ PETITIONER ]
Vs
1 THE REGISTRAR OF COOPERATIVE SOCIETIES
N.V.N.MALIGAI,
170 E.V.R. PERIYAR SALAI
KILPAUK, CHENNAI 10
2 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES
KRISHNAGIRI REGION
COOPERATIVE COLONY
KRISHNAGIRI POST, TALUK AND DISTRICT
3 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES
KRISHNAGIRI CIRCLE
COOPERATIVE COLONY
KRISHNAGIRI POST, TALUK AND DISTRICT
4 K.K.259 MOONGILERI PRIMARY AGRICULTURAL
COOPERATIVE CREDIT SOCIETY LTD.
REP BY ITS SPECIAL OFFICER
KEELKUPPAM POST
OOTHANGARAI TALUK
KRISHNAGIRI DISTRICT
[ RESPONDENTS ]
Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to consider and pass orders on the representation of the petitioner dated 21.9.2010 in accordance with the by-laws of the Society read with the Rule 149 (3) of the Tamilnadu cooperative Societies Rules 1988 and the first proviso under F.R 56 (1)
For Petitioner :: Mr.M.Thangaraju
For Respondents :: Mr.R.Murali, G.A for R1 to R3
Mr.M.S.Palanisamy for R4
O R D E R
The petitioner was an employee of the 4th respondent Cooperative Society. He was working as a Salesman and got retired from service on 31.8.2010. After his retirement, he has sent a representation dated 21.9.2010 to the respondent stating that the age of the retirement of basic servants “D” Group is 60 years and therefore in the light of the Special bye-law No.12 read with F.R 56 (1) (a) r/w Rule 149 (3) of the Tamilnadu Cooperative Societies Rules 1988, he should be allowed to continue till 60 years and seeks for a direction to dispose of his representation in accordance with law.
2. Notice of Motion was ordered on 22.11.2010. On notice from this Court, the 4th respondent has filed a counter affidavit dated 16.2.2011.
3. In the counter affidavit, in paragraph No.4, it was averred as follows:
“In para 7 of the affidavit the petitioner quotes clause 12 of the model special bye laws of the society relating to the service condition of retirement age as follows:
12. Age of retirement
In the matter of age of retirement from the service of the society, the rules applicable to the Government servants shall be followed.”
But the said model bye law was not approved by the authority for it to come into force. In the approved special bye laws of the 4th respondent society on page 2 clause 3(3) clearly states that only basic employees viz. Peon and Watchman will have retirement age 60 years. This petitioner being a Salesman he does not come under this clause and his retirement age is 58 years. The retirement age of any Government servant is as under rule 56(1) of the fundamental rules clearly states that the basic servants who are eligible for pension shall retire on the attaining the age of 60 years. The petitioner employed by the Cooperative Society and is governed by the bye laws of the society. The petitioner service is not a pensionable service nor is he a basic servant. In fact the special bye law of the 4th respondent society has fixed that Peon and Watchman are the basic servants. The amount of salary received cannot be the yardstick for fixing basic under the Tamilnadu Cooperative Societies Act.”
4. In the light of the stand taken by the respondents, the claim made by the petitioner is misconceived and the Writ Petition is bereft of any legal points. Hence, the Writ Petition stands dismissed. No costs.
ajr
To
1 THE REGISTRAR OF COOPERATIVE SOCIETIES
N.V.N.MALIGAI, 170 E.V.R. PERIYAR SALAI
KILPAUK, CHENNAI 10
2 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES
KRISHNAGIRI REGION, COOPERATIVE COLONY
KRISHNAGIRI POST, TALUK AND DISTRICT
3 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES
KRISHNAGIRI CIRCLE
COOPERATIVE COLONY
KRISHNAGIRI POST, TALUK AND DISTRICT
4 SPECIAL OFFICER
K.K.259 MOONGILERI PRIMARY AGRICULTURAL
COOPERATIVE CREDIT SOCIETY LTD.
KEELKUPPAM POST
OOTHANGARAI TALUK
KRISHNAGIRI DISTRICT