This order closes a writ petition challenging a deputation transfer. The court held that the statutory deputation period had expired, making no further adjudication necessary. The petition was closed with no order for costs.
The writ petition stands closed; connected miscellaneous petitions closed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2018
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.5800 of 2011 and M.P(MD)Nos.1 & 2 of 2011
M.Sakthivel ... Petitioner
-vs-
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records from the first respondent relating to the impugned order dated 26.05.2011 in NaKa 1126/2011 Povithi-1 quash the same in so far as transferring the petitioner on deputation from the second respondent society to the Dindigul Co-operative Marketing Society to work as Salesman in fair price shop and consequently to direct the first respondent not to disturb to his services in the second respondent society.
For Petitioner : Mr.S.Arunachalam For Respondents : Mr.V.S.M.Vaishnavi, Government Advocate
O R D E R
The order deputing the writ petitioner to the Second respondent society is under challenge in this writ petition. However, in respect of such deputation, the Registrar of Cooperative Societies issued Circular No.16/08, dated 17.06.2008. Clause (I) of the guidelines of the Registrar of Co-operative Societies states that “A Society deputing It's employee to another society shall invariably specify all the terms and conditions of such deputation. The deputation shall be for a period of not less than one year but shall not exceed three years in the aggregate”.
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2.Thus, it is very clear that the deputation cannot exceed three years in the aggregate. Now, the period of three years also completed and it was informed to this Court that the writ petitioner is continuing in the same society by virtue of the Interim Order already granted in this writ petition.
3.In these view of the fact, no further adjudication needs to be undertaken in respect of deputation order. All other further proceedings shall be issued only in accordance with the Rules in force.
4.Accordingly, the writ petition stands closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar
To
M.D.107, Tamil Nadu State Transport Corporation Employees' Co-operative Thrift & Credit Society Ltd., 138(1) Railway Station Road, Nagal Nagar, Dindigul District.
+1cc to Mr.S.Arunachalam, Advocate Sr.No.42048
AM
VB/KK/SAR2/30.01.2018/2P/4C
W.P.(MD) No.5800 of 2011 11.01.2018
1 provisions across 1 enactments
M. Sakthivel
The Joint Registrar of Co-operative Societies, Dindigul Region, Dindigul
The Special Officer, M.D.107, Tamil Nadu State Transport Corporation Employees' Co-operative Thrift & Credit Society Ltd.
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
