R.Seralathan v. the Joint Registrar
Case brief
What is this about?
This court quashed an order by a Joint Registrar of Co-operative Societies which demoted the petitioner based on the respondent's earlier initial appointment date. The court held that seniority between the petitioner and respondent should be assessed based on regular seniority earned after promotions, disregarding irregular initial appointments.
What did the court decide?
The impugned order dated 20.05.2014 is set aside, and the petitioner is directed to be restored to the post of Assistant Secretary with all consequential benefits.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2017
CORAM
THE HON'BLE Mr. JUSTICE V.PARTHIBAN
W.P.No.14002 of 2014 and
W.M.P.No.1 of 2014
R.Seralathan ... Petitioner
Vs. 1. The Joint Registrar, Co-operative Societies, Vellore. 2. The President, V.L.Spl.98, Ponnai Primary Agriculture Co-operative Credit Society, Ponnai, Vellore District 632 514. 3. R.Kumaran ... Respondents
Prayer : Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Certiorari, after calling for the records relating to the order No.Na.Ka.9635 of 2013 A2 dated 20.05.2014, of the first respondent passed in Rev.P.No.19 of 2013, quash the same.
For Petitioner : Mr.S.T.Varadarajulu
For Respondents: Mr.L.P.Shanmuga Sundaram,
Special Government Pleader for RR1-2 : Mr.R.Rajaram for R3
Issues for consideration
2 issues framed by the court
Whether the impugned order assigning seniority based on initial irregular appointment, ignoring subsequent regular promotion history, is legally sustainable.
Whether the authority ought to have considered previous promotion to Clerk for assigning seniority when promotion to Assistant Secretary occurred on the same date.
Parties & counsel
- petitioner
R.Seralathan
- respondent
The Joint Registrar, Co-operative Societies, Vellore
- respondent
The President, V.L.Spl.98, Ponnai Primary Agriculture Co-operative Credit Society
- respondent
R.Kumaran
Coram
Case details
As recorded by the court registry
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