1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD)No.6543 of 2011 and M.P.(MD).Nos.1 and 2 of 2011 Jegadambal ... Petitioner Vs. 1. The Registrar of Co-operative Societies, Kilpauk, Chennai-10. 2. The Joint Registrar of Co-operative Societies (Regional), Pudukottai District. 3. The Deputy Registrar of Co-operative Societies (Circle), Aranthangi, Pudukottai District. 4. The Special Officer, Aranthangi Co-operative Town Bank Limited, Aranthangi, Pudukottai District. : Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to regularize the service of the petitioner as Typist/Clerk in the fourth respondent Bank with all attendant and consequential benefits. For Petitioner : M/s. E.Udhaya For Respondents : Mr.B.Pugalendhi Special Govt. Pleader O R D E R The petitioner has sought for a Mandamus to direct the Registrar of Co-operative Societies, Kilpauk, Chennai to regularise the service of the petitioner as Typist/Clerk in the fourth respondent Bank with all attendant and consequential benefits. 2. According to her, she was appointed as a daily rated Assistant/Typist/Clerk in the fourth respondent Bank on 29.03.1995 and put in a continued service for more than 1742 days from the date https://hcservices.ecourts.gov.in/hcservices/ 2 of her appointment. The only irregularity in her appointment was that it was not through employment exchange. However, when the Government have issued G.O.Ms.No.86 dated 12.03.2011, the respondents ought to have regularised the services of the petitioner. In any event, the Special Officer, Arantangai Co-operative Town Bank Limited, Arantangi, Pudukottai District, fourth respondent submitted a recommendatory proposal dated 01.03.2007, to the Joint Registrar of Co-operative Societies, Pudukottai for regularisation. Earlier, the petitioner was terminated from service on 12.12.2001 and subsequently, re-appointed on a consolidated basis on 13.08.2002. It is the grievance of the petitioner that the proposal of regularisation ought to have been considered as per the existing G.O.Ms.No.301, Co-operation, Food and Consumer Protection Department dated 17.10.2007. 3. Heard the learned counsel appearing for the parties. 4. G.O.Ms.No.86, dated 12.03.2001, Co-operation, Food and Consumer Protection (CL2) Department, has been issued by the Government to regularise the services of employees irregularity appointed in the Co-operative Societies after 08.07.1980, without consulting Employment Exchange, provided the concerned employee had put in a continuous service of 480 days in a period of two years as per the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981. In the same order, the Government have also delegated the powers to regularise the services of the said employees to the Registrar of Co-operative Societies. Earlier, based on the opinion offered by the learned Advocate General, State of Tamil Nadu, the Registrar of Co-operative Societies, Chennai had requested the Government that the powers to regularise the services of the employees vested with the Registrar of Co-operative Societies as per the Government Order may be delegated to the Regional Joint Registrars, as the issue has dragged on for more then five years and that number of persons to be regularised was also high. After examining the proposals of the Registrar of Co-operative Societies, the Government have issued instructions in Government Letter No.22322/CG1/2005-7 dated 02.11.2006, delegating the powers for regularisation of employees to Regional Joint Registrars later on. 5. G.O.Ms.No.301 Co-operation, Food and Consumer Protection Department dated 17.10.2007, has been issued by the Government after taking an opinion from the learned Advocate General, State of Tamil Nadu, wherein he has opined that even the delegation given to the Regional Joint Registrars of the Co-operative Societies is contrary to the decision of the Supreme Court. After examining the issue and accepting the opinion of the learned Advocate General, Government of Tamil Nadu, the Government has issued Orders in G.O.Ms.No.301 Co- operation, Food and Consumer Protection Department, dated 17.10.2007, withdrawing the delegation. 6. Material on record further shows that the Government issued Order in G.O.Ms.No.25 Cooperation, Food and Consumer Protection (CJ1) Department dated 17.02.2011, by which, the amendments have been made https://hcservices.ecourts.gov.in/hcservices/ 3 to Rules 150 and 151 of the Tamil Nadu Co-operative Societies Act, 1988 and that the same has been communicated by the Registrar of Co- operative Societies, Chennai vide proceedings in Rc.126161/2007SF4 dated 25.02.2011 to the Additional Registrars of Co-operative Societies and all the Regional Joint Registrar of Co-operative Societies. 7. Reading of the proceedings of the Registrar of Co-operative Societies, Chennai vide RC.No.30567/2011/SF4, dated 25.03.2011 addressed to the Officers, enclosed at page No.14 of the typed set of papers shows that as per Rule 150 of the Tamil Nadu Co-operative Societies Rules, 1988 as amended in the said Government Order, the Recruitment Bureau for the State shall recruit the paid officers and servants in the category of Junior Assistant and above in respect of all categories of societies, other than the staff and students stores. 8. Instructions have been furnished to the above said Officers to ascertain the vacancy position in each post in the category of Junior Assistant and above, in each Co-operative Society (other than the Students Co-operative Stores) which have to be filled only up by direct recruitment. 9. Pleadings and materials on record shows that though the petitioner has been appointed as a daily rated clerk in the fourth respondent Bank as early as on 29.03.1995, she has not approached this Court relying on G.O.Ms.No.86, dated 12.03.2001 Co-operation, Food and Consumer Protection (CL2) Department. The said Government Order has been declared as nullity by the Supreme Court. As on today, the recruitment Rules contemplate direct recruitment for the post of Junior Assistant and above. 10. In such a view of the matter, considering her length of service from 29.03.1995, no positive direction for regularisation can be granted in view of the existing Statutory Rules. However, this Court is inclined to direct the first respondent to consider the case of the petitioner sympathetically and pass appropriate orders, taking into consideration the policy and the instructions issued by the Government, from time to time in the matter of regularisation of employees, who have put in more than 10 years of service. With the above directions, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1. The Registrar of Co-operative Societies, Kilpauk, Chennai-10. 2. The Joint Registrar of Co-operative Societies (Regional), Pudukottai District. 3. The Deputy Registrar of Co-operative Societies (Circle), Aranthangi, Pudukottai District. 4. The Special Officer, Aranthangi Co-operative Town Bank Limited, Aranthangi, Pudukottai District. +1 CC to Special Government Pleader (SR.No.22349) W.P.(MD)No.6543 of 2011 08.07.2011 akv NSV/14.07.11/4P/6C https://hcservices.ecourts.gov.in/hcservices/