1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2011 CORAM: THE HONOURABLE MR. JUSTICE T.RAJA W.P.(MD).No.8818 of 2011 and M.P.(MD).Nos.1 to 3 of 2011 B.Manikandan ... Petitioner vs. 1.The Joint Registrar of Cooperative Societies, Madurai Region, Madruai-2. 2.The Deputy Registrar of Cooperative Societies, Madurai Circle, Madurai-1. 3.The Special Officer, A.2625, Madurai Coats Employees Cooperative Credit Society Ltd., 66/76, Bharathiar Road, Madurai-625 016. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the order No.Nil dated 16.09.2010 passed by the 3rd respondent and the order No.Na.Ka.7049/10 Sa.Pa. Dated 02.06.2011 passed by the 1st respondent and quash the same and consequently to direct the respondents to retain the petitioner in the post of Clerk with all service, promotion, monetary and other attendant benefits. For Petitioner : Mr.A.Thirumurthy For R1 & R2 : Mr.T.R.Janarthanan Additional Government Pleader For R3 : Mr.Aayiram K.Selvakumar O R D E R The petitioner has filed the present writ petition against the order passed by the third respondent, The Special Officer, A.2625, Madurai Coats Employees Cooperative Society Ltd., Madurai, in impugned proceeding No.Nil dated 16.09.2010 and another order passed by the first respondent in No.Na.Ka.7049/10 Sa.Pa. Dated 02.06.2011 to quash the same and consequently to direct the respondents to retain the petitioner in the post of Clerk with all service, promotion, monetary and other attendant benefits. 2.The learned counsel appearing for the petitioner would submit that the petitioner was appointed on compassionate ground since his father died on 19.10.1985 while in service under the employment of the third respondent, Cooperative Society. He passed only VIII standard and discontinued IX standard. After the death of his father, he was appointed on compassionate ground on 01.07.1986 as Office Assistant (Peon) on https://hcservices.ecourts.gov.in/hcservices/ 2 regular time-scale of pay by an order dated 21.04.1990 passed by the third respondent. Admittedly he was not having better qualification. Then he passed VIII standard and subsequently he appeared for S.S.L.C examination as a private candidate in October 1990, but he passed only two subjects. However, he passed B.A.(Tamil Literature) from Annamalai University by correspondence in the month of May 1997 and passed one year Diploma in Cooperative Course conducted by the Tamilnadu Co-operative Union, Chennai in November 1998. On that basis, the learned counsel for the petitioner submitted that the petitioner has acquired the said qualification for the post of Clerk (Lower Division Clerk) in the Co- operative Department and the said qualification was certified by the second respondent, the Deputy Registrar of Co-operative Societies, Madurai on 10.03.1998. When the petitioner has completed 10 years of unblemished service, he deserves to be promoted to the higher post and he was also elevated to the selection grade Peon in the scale of pay of Rs.1000-2475 with effect from 16.05.2000 and subsequently he was also directed to do clerical work attended by Mr.L.Rajaji, Upper Division Clerk and he also discharged the work of clerk to the entire satisfaction of the superior Officer. He was promoted as a Clerk from 21.11.2000 as per the order passed by the third respondent, Co-operative Society, who was also competent and empowered to make such an appointment to the post of Clerk. There was no objection against the petitioner for his promotion to the post of Clerk in the audit report for the year 2000-2001. When the said audit department has raised objection against the appointment of two other employees without reference to the employment exchange, the petitioner was reverted by the order passed by the third respondent, therefore, aggrieved by the said order he filed a revision petition which was also dismissed and aggrieved by that order, the petitioner has come forward with this petition. Therefore, the issue raised in the present writ petition is that the petitioner has already been promoted as a Clerk (Lower Division Clerk) properly by the third respondent, who is the competent authority on 21.11.2000, by virtue of his continuous service in the said post for a period of 10 years, hence, the contention that even if the rule does not permit the petitioner to continue in the said post just for the reason that he has been allowed to work for 10 years in the post of Clerk in the time scale of pay of Rs.1100-2700 with effect from 21.11.2000 the department of Audit cannot raise any objection, cannot be justified. 3.The case of the respondent as advanced by the learned counsel for the respondent says that as per the rule, the petitioner, who was working in the post of peon was not having qualification except VIII standard. On the other hand, the post of clerk (LDC) requires a basic educational qualification of S.S.L.C. Admittedly, as on today, the petitioner does not possess the basic qualification. However, the third respondent by issuing order dated 21.11.2000 has wrongly passed the said order by ignoring the fact that the petitioner has to be promoted to the post of Peon Grade-II the next higher category of post only from the feeder category of the post, as per 12(3) Settlement under Industrial Dispute Act between the erstwhile Board of Management of the Society and Employees of the Society. When the 12(3) Settlement under Industrial Dispute Act, binds the erstwhile President and the Board and the petitioner was illegally promoted as Junior Division Clerk instead of promoting to the post of Attender. https://hcservices.ecourts.gov.in/hcservices/ 3 4.In that view of the matter, the impugned order was rightly passed reverting back the petitioner to the post of peon. Therefore, the said order cannot be found fault with and I do not find any infirmity or error to be interfered by this Court under Article 226 of the Constitution of India. In fact the petitioner admittedly even today, does not possess the basic qualification to hold the post of Clerk viz., S.S.L.C. and a view of the above, there is no merit in this writ petition. Hence this writ petition is dismissed. No costs. Consequently, the connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Joint Registrar of Cooperative Societies, Madurai Region, Madruai-2. 2.The Deputy Registrar of Cooperative Societies, Madurai Circle, Madurai-1. 3.The Special Officer, A.2625, Madurai Coats Employees Cooperative Credit Society Ltd., 66/76, Bharathiar Road, Madurai-625 016. +1CC TO MR.A.THIRUMURTHY, ADVOCATE SR.38472 +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.38528 Ns SR : 30.11.2011 : 3p/6c W.P.(MD).No.8818 of 2011 and M.P.(MD).Nos.1 to 3 of 2011 04.11.2011 https://hcservices.ecourts.gov.in/hcservices/