Dismissed

T.N.State Primary Co-Op Bank v. S/T.N. Rep by Its Secretary to

Madras HC6 Oct 2017WP/34735/2003

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking to restrain the Registrar from implementing a circular authorizing regularization of irregular appointments in co-operative societies, citing a Supreme Court precedent that barred such regularization regardless of pending appeals.

What did the court decide?

The writ petition seeking a direction to forbear the respondent from implementing the circular is dismissed.

T.N.State Primary Co-Op Bank Vs S/T.N. Rep by… — Pension and Retirement Benefits | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06-10-2017

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.34735 of 2003

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And

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W.M.P.No.42201 of 2003

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Tamil Nadu State Primary Co-operative Bank All Employees Union, Represented by its Secretary, Mr.C.Kuppusamy, Thennilai Post, Aravakurichi Taluk, Karur District. .. Petitioner -vs-

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1.The State of Tamil Nadu, Represented by its Secretary to Government, Food Co-operative Department, Fort St. George, Chennai-600 009.

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2.The Registrar of Co-operative Societies, N.V.Natarajan Maligai, No.170, E.V.R. High Road, Kilpuak, Chennai-600 010. .. Respondents

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Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, forbearing the second respondent from implementing the Circular having Ref.RC.No. 152654/2002/SF3, dated 7.11.2003 pending disposal of SLP Nos.4186 and 4187 of 2003 pending before the Honourable Supreme Court in so

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http://www.judis.nic.in

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far as the members of the petitioner's Union.

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For Petitioner - Mrs.C.Uma for Mr.R.Venkata Varathan.

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For Respondents-1&2 - Mr.L.P.Shanmugasundaram, Special Government Pleader (Coop.).

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ORDER

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The relief sought for in this writ petition is for a direction,

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forbearing the second respondent from implementing the Circular issued on 7.11.2003, pending disposal of SLP Nos.4186 and 4187 of 2003 pending before the Honourable Supreme Court of India.

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The learned Special Government Pleader, appearing on behalf of the respondents, made a submission that the issues relating to the irregular appointment of the employees in the Co-operative Societies, was decided on 28^th July, 2004 by the Honourable Supreme

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Court of India in the case of A.Umarani vs. Registrar, Co-operative

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Societies and Others {(2004) 7 SCC 112} .

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Accordingly, now the appointments made contrary to the

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Tamil Nadu Co-operative Societies Act and Rules, cannot be regularised in view of the judgment of the Honourable Supreme Court of India. In this regard, the prayer, as such, sought for to quash the

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http://www.judis.nic.in

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Circular of the Registrar, cannot be considered and the principles laid

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down by the Apex Court in the case of STATE OF KARNATAKA AND

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ORS. v. UMA DEVI AND OTHERS [(2006) 4 SCC 1] , is to be followed in respect of regularising the irregular appointments of employees in the Co-operative Societies in the State. Thus, no further adjudication on the grounds raised in this writ petition is required to

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be considered.

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Accordingly, the writ petition stands dismissed. However,
there shall be no order as to costs. Consequently, connected
miscellaneous petition is also dismissed.

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Speaking/Non speaking Order 06-10-2017 Index : yes/no Svn To

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