The Court dismissed the writ petition seeking quashing of an order rejecting terminal benefits and pension continuity. The petitioner, a former Junior Inspector, had been terminated for misappropriation and failed to qualify for regularization benefits available to similarly placed candidates.
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.
W.P.No.15723 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.15723 of 2021 and W.M.P.No.16625 of 2021
C.Mariappan
... Petitioner
Vs.
The Registrar of Cooperative Societies, 170, E.V.R.Periyar Salai, Kilpauk, Chennai 600 010. ... Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the order of the respondent made in Rc.No.16888/2019 EM3 dated 16.04.2021 and to quash the same and to consequently, direct the respondent to settle the terminal benefits including appropriate pension with continuity of service.
For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.P.Ganesan, GA
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O R D E R
This Writ Petition has been filed for quashment of the order of the respondent made in Rc.No.16888/2019 EM3 dated 16.04.2021 and consequently, to direct the respondent to settle the terminal benefits including appropriate pension with continuity of service.
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In the meanwhile, the petitioner along with others approached the Tamil Nadu Administrative Tribunal and direction was issued to regularise the service of the persons as already done to other similarly unsuccessful candidates in the Cooperative Audit Department in G.O.Ms.No.445 dated 20.12.2005. As the benefit of regularization was not properly extended to all similar persons, the petitioner along with others filed W.P.No.11322 of 2009 for reappointment and for regularization with consequential benefits of both service and monetary. This Court by an order dated 27.01.2010, had directed to reappoint and regularise the services as already done to other similar persons through G.O.No.158 dated 22.05.2007 and G.O.No.153 dated 13.08.2008. Against which, an appeal was filed and the same was dismissed and SLP was also dismissed by directing the respondent in R.C.No.41406/2009/EM3 dated 31.05.2013 for reinstatement with effect from the date of issue of the above said order with other consequential benefits to all other similarly placed persons like that of the petitioner, but he alone has been singled out by granting prospective benefits without proper recourse to the order.
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proposed to conduct a Special Qualifying Examination by Tamil Nadu Public
Service Commission and issued orders vide G.O.Ms.No.271, Cooperation,
Food and Consumer Protection Department, dated 10.11.1988. Later, certain Junior Inspectors, who were ousted for want of vacancies during April 1987, submitted a petition before the Hon'ble Governor and on humanitarian ground, the Government had permitted them to appear for the said examination to be conducted by TNPSC. Out of those appeared for the said examination, 63 candidates were failed and the failed candidates, who were in service in Cooperative Department were ousted after the result communicated by TNPSC. The failed candidates in Cooperative Audit Department were managed to serve in that department after obtaining stay in Tamil Nadu Administrative Tribunal. Later, the Government in its G.O.Ms.No.445, Finance (Cooperative Audit) Department, dated 20.12.2005 regularised the services of those failed candidates in Cooperative Audit Department with effect from 16.10.1989 without any arrear of pay.
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reappoint and regularise their services. This Court by an common order dated
27.01.2010 allowed the said petitions by directing the respondent to appoint them as Junior Inspectors. In compliance of the same, 21 persons including the petitioner were reappointed as Junior Inspectors vide proceedings R.C.No.41406 of 2009 EM3 dated 31.05.2013 and appointment orders were issued to them. All of a sudden, the reappointment order issued to the petitioner was cancelled stating that there is a criminal case pending against him while he was working as Secretary in Duraisamypuram Primary Agricultural Credit Society, Srivilliputhur and furthermore, the petitioner did not even appear for the Special Qualifying Examination. Thereafter, the petitioner was acquitted in the criminal case and he was again reappointed as Junior Inspector. Due to misappropriation of funds, the petitioner was terminated from service on 10.09.2004. By hiding these facts, the petitioner has filed a petition before this Court in W.P.No.1087 of 2021 seeking the benefit given to the failed candidates, who were ousted along with him and sought compliance of the order of this Court dated 27.01.2010. Hence, he is not liable to get pension and continuity of service.
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misappropriation were took place in the Duraisamypuram Primary Agricultural Credit Society, Srivilliputhur in which the petitioner was working as Secretary and he is solely responsible for the maintenance of records and development of a Society. Enquiry under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 was ordered and based on the enquiry report, the petitioner was placed under suspension on 10.09.2004 and surcharge proceedings for recovery of loss were also initiated against him. Thereafter, the petitioner settled the misappropriation amount of Rs.5,36,495/- on 12.09.2016 and his property was brought to auction and the interest amount of Rs.1,03,000/- has also been recovered from him. By hiding all these facts, the petitioner has sought to reappoint him in compliance with direction dated 27.10.2010 in W.P.No.11322 of 2009. Thereafter, the petitioner filed a petition before this Court in W.P.No.1087 of 2021 seeking benefits given to the candidates, who were ousted along with him while in service and this Court by an order dated 20.01.2021, had directed to pass orders on the representation of the petitioner after affording an opportunity to him. After hearing the petitioner and examining the records, the respondent came to the conclusion that the petitioner was involved in misappropriation
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of funds and did not have any integrity in public service and worked against the welfare of the cooperative society and hence, rejected the representation of the petitioner and not liable to receive any benefit on par with others as per the concept of 'No Work No Pay'. Hence, this Court is of the considered opinion that the order of the respondent dated 16.04.2021 in R.C.No.16888/2019 EM3 warrants no interference.
08.11.2024
vkr Index : Yes / No Speaking order / Non-speaking order
To
The Registrar of Cooperative Societies, 170, E.V.R.Periyar Salai, Kilpauk, Chennai 600 010.
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W.P.No.15723 of 2021
VIVEK KUMAR SINGH, J.
vkr
W.P.No.15723 of 2021 and W.M.P.No.16625 of 2021
08.11.2024
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1 issue framed by the court
Whether the respondent's order rejecting terminal benefits and pension continuity is justified given the petitioner's history of misappropriation and termination?
2 provisions across 2 enactments
C.Mariappan
The Registrar of Cooperative Societies
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
