IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.11.2010 CORAM THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.8993 of 2010 And M.P.No.2 of 2010 1.P.Selvam 2.M.Saravanan ... Petitioners Vs 1.The Secretary to Government Co-operation, Food and Consumer Protection Dept. Fort St.George, Chennai-9. 2.The Joint Registrar of Co-operative Societies Namakkal District. 3.622, Mohanur Primary Agricultural Co-operative Credit Society, rep. by its Special Officer, Mohanur Post, Namakkal District. ...Respondents (R3 impleaded as per order dated 08.09.2010 in M.P.3 of 2010 in W.P.No.8993 of 2010) Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, or any other appropriate writ, order or direction in the nature of a writ, calling for the records of the respondents, particularly, that of the first respondent in G.O.No.289, dated 28.09.2007 and the consequential G.O.No.75 dated 29.04.2008 and quash the same as illegal and unlawful against the principals of natural justice and besides ultra vires and consequently forbear the respondents from in any manner interfere with nor disturbing the petitioners from drawing the present scale of pay. For Petitioners : M/s.T.S.Rajamohan For Respondents : Mr.R.Murali, G.A. for R1 and R2 Mr.M.S.Palanisamy for R3 https://hcservices.ecourts.gov.in/hcservices/ ORDER Heard both sides. 2.The petitioners have come forward to this Court suppressing the earlier writ petition filed by them. Earlier the petitioners have filed W.P.Nos.27407 and 27376 of 2008 respectively praying for a Writ of Certiorari to call for the records relating to the impugned notice dated 17.09.2008 and the consequential notice dated 20.10.2008 on the file of the Special Officer, Mohanur Co-operative Bank, Namakkal. The writ petition was dismissed along with a batch of writ petitions by this Court in W.P.Nos.35419 of 2004 batch by its order dated 01.10.2009 in which it has been very specifically stated that the contention that the concluded statement will have force was negatived following the judgment of the Division Bench of this Court in (Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madhiya Sangam, rep. by its General Secretary R.Ravindran Vs. Deputy Registrar of Co-operative Societies (Housing) Cuddalore Circle and others) 2008 (2) LLN 236 wherein the Division Bench upheld the right of the Registrar and the Government in fixing the service condition of the employees in terms of Rule 149 of the Tamil Nadu Co-operative Societies Rule, 1988. Challenging the order dated 01.10.2009 made in W.P.35419 of 2004 etc., batch the petitioners filed writ appeals in W.A.No.487 of 2010 and W.A.No.488 of 2010 which were also dismissed on 24.03.2000 by the Hon'ble First Bench wherein among other things it was stated that the writ petition itself is not maintainable by following the judgment reported in 2006 (4) CTC 689 in the case of K.Marappan -Vs- The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal and another. Further, the Hon'ble First Bench has also stated that if the petitioners have got any grievance in respect of the alteration of the service condition by reduction of pay, it is always open for them to approach the Labour Court. 3.Suppressing this, the petitioners have filed this writ petition as if they are now challenging the very Government Order which empowers the Registrar to fix the service condition of the employee. This is nothing but an abuse of process of this Court. 4.Therefore, the writ petition is dismissed with costs of Rs.1,000/-. Consequently, the connected miscellaneous petition is closed. pri Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To 1.The Secretary to Government Co-operation, Food and Consumer Protection Dept. Fort St.George, Chennai-9. 2.The Joint Registrar of Co-operative Societies Namakkal District. 3.The Special Officer, 622, Mohanur Primary Agricultural Co-operative Credit Society, Mohanur Post, Namakkal District. + 1 cc to Government Pleader, SR No.84424 + 1 cc to Mr. M. S. Palaniswamy, Advocate SR No. 84239 W.P.No.8993 of 2010 And M.P.No.2 of 2010 RSY(CO) SR/24.2.2011 https://hcservices.ecourts.gov.in/hcservices/