IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2007
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
WRIT PETITION No.24132 of 2002
M.Kuppusamy ... Petitioner
Vs.
1. The Special Officer,
Tamil Nadu Co-operative Union,
N.V.N.Maligai,
170, Periyar EVR High Road,
Kilpauk, Chennai - 10.
2.The Additional Registrar of
Co-operative Societies (Marketing,
Planning and Development),
N.V.N.Maligai, Periyar EVR High Road,
Kilpauk, Chennai - 10.
3.The Registrar of Co-operative
Societies, N.V.N.Maligai, Periyar EVR High Road,
Kilpauk, Chennai - 10.
4.Thiru.V.Kandasamy,
Director-Publicity and Public Relations,
Tamil Nadu Cooperative Union,
N.V.N.Maligai, 170, Periyar EVR High Road,
Kilpauk, Chennai - 10. ... Respondents
The Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of
Certiorarified Mandamus as stated therein.
For petitioner : Mr.K.M.Ramesh
For respondents : Mr.P.Anbarasan - For R1
Mrs.D.Geetha - AGP for R2 & R3
Mr.K.V.Ananthakrishnan - for R4
O R D E R
The Writ Petition has been filed praying for the
issuance of a Writ of Certiorarified Mandamus to call for
the records relating to the order of the first respondent in
Rc.No.3281/92-A.1, dated 31.03.1997, culminating in the
order of the Revisional Authority, namely, the second
respondent in Na.Ka.No.195509/T.K.Ku.Pa.1, dated 22.04.2002,
and quash the same and direct the respondents to promote the
petitioner with due regard to his seniority and pay him all
backwages and other attendant benefits.
2.Heard the learned counsel for the petitioner as well
as for the respondents.
3.The brief facts of the case, leading to the filing of
the writ petition, are as follows:-
The petitioner had passed a Bachelor of Arts Degree and
had completed higher diploma in Co-operation. He was
appointed as a Junior Assistant in the Tamil Nadu Co-
operative Union on 01.04.1972. Later, he was promoted to
the post of superintendent, on 20.04.1983. On 29.03.1999,
he was promoted as an Assistant Director (Technical
Education) and he has been discharging his duties as such.
4.It is stated by the petitioner that in exercise of
the powers delegated under bye – law No.3 of the Special bye-
laws of the Tamil Nadu Co-operative Union, the Special
Officer of the said union, the first respondent herein, had
promoted the fourth respondent, as the Public Relations
Officer, in his proceedings No.R.C.No.3281/92-A1, dated
31.03.1997. The petitioner was promoted as a Superintendent,
on 20.04.1983, and the fourth respondent was appointed as
Assistant Development Officer, on 25.03.1985. Both the said
posts are feeder category posts to the post of Assistant
Director by promotion. The Tamil Nadu Co-operative Union has
been maintaining two separate seniority lists. One for the
headquarters staff and the other for field work staff. The
fourth respondent having been appointed as Assistant
Development Officer, came under the category of post,
related to field work. The petitioner. being senior to the
fourth respondent, ought to have been considered to the post
of Assistant Director earlier. Therefore, the petitioner
had filed a revision petition under Section 153 of the Tamil
Nadu Co-operative Societies Act,1983. The second
respondent, though not empowered to hear the revision
petition had rejected the revision petition on the question
of locus-standi stating that the petitioner was not an
aggrieved person.
5.At this stage of the hearing of the case, it has been
submitted by the learned counsel appearing for the
petitioner that it would suffice, if the order passed by the
second respondent, Revisional Authority, on 22.04.2002, made
in the revision petition filed by the petitioner on
28.12.2001, under Section 153 of the Tamil Nadu Co-operative
Societies Act,1983, is set aside and the second respondent
is directed to pass orders on merits in the said revision
petition within a time frame. The learned counsels appearing
on behalf of the respondents have no objections with regard
to such directions being passed by this Court.
6.Therefore, the order of the second respondent
Na.Ka.No.195509/2001 T.K.Ku.Pa.1, dated 22.04.2002, is set
aside and the second respondent is directed to decide the
Revision Petition on merits and in accordance with law by
giving an opportunity of hearing to the petitioner and pass
appropriate orders thereon, within a period of six weeks
from the date of receipt of a copy of this order.
With the above direction, the writ petition is disposed
of. No costs.
To
1.The Special Officer,
Tamil Nadu Co-operative Union,
N.V.N.Maligai,
170, Periyar EVR High Road,
Kilpauk, Chennai – 10.
2.The Additional Registrar of
Co-operative Societies (Marketing,
Planning and Development),
N.V.N.Maligai, Periyar EVR High Road,
Kilpauk, Chennai – 10.
3.The Registrar of Co-operative
Societies, N.V.N.Maligai, Periyar EVR High Road,
Kilpauk, Chennai – 10.
4.Thiru.V.Kandasamy,
Director-Publicity and Public Relations,
Tamil Nadu Cooperative Union,
N.V.N.Maligai, 170, Periyar EVR High Road,
Kilpauk, Chennai – 10.