High Court Madras High Court

M.Kuppusamy vs The Special Officer on 29 January, 2007

Madras High Court
M.Kuppusamy vs The Special Officer on 29 January, 2007
       

  

  

 
 
           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.