IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.02.2010 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.858 of 2008 1 K.PITCHANDI [PETITIONER] Vs 1 THE GOVERNMENT OF TAMILNADU REP BY ITS SECRETARY COOPERATION FOOD AND CONSUMER PROTECTION DEPT. FORT ST.GEORGE, CHENNAI 9. 2 THE REGISTRAR OF COOPERATIVE SOCIETIES, 170 E.V.R. HIGH ROAD, KILPAUK, CHENNAI 10. 3 THE SPECIAL OFFICER CHENNAI CENTRAL COOPERATIVE BANK Limited 215, PRAKASAM ROAD CHENNAI 108. [RESPONDENTS] Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to forthwith consider and pass orders on the representation of the petitioner dated 22.11.2007 seeking appointment to the post of Assistant in the 3rd respondent Bank in view of the terms of the order of this Honourable court dated 22.3.1999 in W.P.No.12913 of 1998 Letter No.23521/CR/2006-3 dated 4.9.2006 and the G.O.Ms.No.249 Cooperation Food and Consumer Protection (CC1) Department dated 31.10.2006 passed by the 1st respondent. For Petitioner :: Mr.V.R.Appaswamee For Respondents :: Ms.E.Ranganayaki, G.A.for R1&R2 Mr.P.Anbarasan for R3 O R D E R The petitioner has come forward to file the present Writ Petition seeking for a direction to the respondents to consider his representation dated 22.11.2007 in the light of the order passed by https://hcservices.ecourts.gov.in/hcservices/ this Court in W.P.No.12913 of 1998 dated 22.3.1999 and the letter of the Government dated 4.9.2006 as well as G.O.Ms.No.249, Cooperation Department dated 31.10.2006. 2. It is seen from the records that the petitioner earlier filed a Writ Petition being W.P.No.12913 of 1998 before this Court seeking for a direction to the 2nd respondent bank to give priority to the qualified candidates who are having apprenticeship training certificate from the same establishment. This Court by an order dated 22.3.2009 allowed the Writ Petition. This Court based such claim upon the judgment of the Supreme Court in U.P.S.R.T.C. V. U.P.PARIVAHAN NIHAM SHISKUKHS BEROZGAR SANGH reported in 1995 (2) SCC 1. as well as the order of the Supreme Court in Civil Appeal No.5285 to 5328 of 1996 dated 3.10.1996 in the case of Tamil Nadu Electricity Board vs. P.Aru1 and others. 3. It is pursuant to these two orders of the Supreme Court, the State Government has issued G.O.Ms.No.142, Labour and Employment Department dated 10.11.1998. This Court held that the respondent bank must scrupulously follow the guidelines and any deviation from the judgment of the Supreme Court and the guidelines will be void and the Writ Petition was disposed of. In fact in the guideline issued by the State Government in G.O.Ms.No.142 , it is stated that when other things being equal, trained apprentice will be given preference over direct recruits and the trained apprentice need not necessarily get his name sponsored through employment exchange. With reference to maximum age, he will be given relaxation. 4. After the orders were passed by this Court, the State Government by a letter dated 4.9.2006 informed the petitioner that since the bank has not made appointment for the post of Assistant since the year 1998, question of considering the petitioner's name will not arise. The cadre strength for the bank has been fixed at 297 and the existing staff strength was 376 and there was no scope for any appointment. 5. However, the petitioner on seeing another order of the Government in G.O.Ms.No.249, Cooperation Department dated 31.10.2006 in which the State Government permitted the vacancies in various Central Cooperative Banks to the extent of 250 Assistants and also out of those posts, 75% will be filled up from employees of the various Cooperative banks. On seeing the said Government Order, the petitioner has sent his representation dated 22.11.2007 asking for his candidature to be considered for appointment. When there is no reply from the respondent, he has filed the present Writ Petition. 6. Notice of Motion was ordered by this Court on 9.1.2008. On notice from this Court, the third respondent has filed a counter affidavit dated 29.2.2008. In the counter affidavit, with reference to the sanction of the vacancy by G.O.Ms.No.249, Cooperation https://hcservices.ecourts.gov.in/hcservices/ Department dated 31.10.2006 in para 10, it was averred as follows: "10, The G.O.Ms.No.249 dated 31.10.2006 directing the Central Cooperative Banks to take steps to fill up 250 posts of Assistant referred to in paragraph 1 of the affidavit is not applicable to the respondent bank, which has surplus staff in its establishment. Indeed this Government Order was not at all communicated by the 2nd respondent to the respondent Bank." 7. The respondents also brought to the notice of this Court that subsequent to the G.O., the Registrar of the Cooperative Society, namely the 2nd respondent has sent a communication to the third respondent bank dated 10.1`.2006 stating that if there are any vacancies in the bank, they must send proper proposal to the Department for getting those posts sanctioned. The respondent bank also informed the petitioner by communication dated 29.2.2008 in response to his representation dated 22.11.2007 and the said communication reads as follows: "With reference to the above, G.O.Ms.No.249 dated 31.10.2006 has directed the Registrar of Cooperative Societies to select the Central Cooperative Bank, which have to fill up the post of Assistant within the cadre strength fixed for the bank. The cadre strength fixed for the post is 297, whereas the present strength is 332. The Ban as such has surplus staff in the cadre of Assistant. Taking into consideration, the Registrar of Cooperative Societies has not selected this Bank for the purpose of recruitment to 250 posts ordered in the stated G.O. The Government Order has not therefore been officially communicated to this Bank. In the above circumstances, we are not in a position to make any recruitment now for the post of Assistant. This is for your information." 8. In the light of the above, there is no case made out. Accordingly, the Writ Petition stands dismissed. No costs. Sd/- Asst.Registrar /True Copy/ Sub.Asst.Registrar ajr https://hcservices.ecourts.gov.in/hcservices/ To 1 THE SECRETARY, COOPERATION FOOD AND CONSUMER PROTECTION DEPT. FORT ST.GEORGE, CHENNAI 9. 2 THE REGISTRAR OF COOPERATIVE SOCIETIES, 170 E.V.R. HIGH ROAD, KILPAUK, CHENNAI 10. 3 THE SPECIAL OFFICER, CHENNAI CENTRAL COOPERATIVE BANK Limited, 215, PRAKASAM ROAD, CHENNAI 108. 1 cc To Mr.P.Anbarasan, Advocate, SR.11248. 1 cc To The Government Pleader, SR.11428. W.P.No.858 of 2008 CK(CO) RVL 01.03.2010 https://hcservices.ecourts.gov.in/hcservices/