IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:- 27.11.2006 Coram:- The Hon’ble Mr. Justice P.SATHASIVAM and The Hon’ble Mr. Justice S.TAMILVANAN Writ Petition Nos.5736, 6918 to 6921 of 2001 & WPMP Nos.16007, 9882 to 9885 of 2001 W.P.No.5736 of 2001 1.P.Radhakrishnan 2.Rajkumar 3.S.Selvam .. Petitioners Vs. 1.The Government of Tamil Nadu, rep. By its Secretary, Co-operation, Food and Consumer Protection Department, Fort St. George, Chennai-9. 2.The Registrar of Co-operative Societies, N.V.N.Maaligai, Kilpauk, Chennai. 3.The District Employment Office, District Employment Office, Salem District, Salem-7. 4.The District Central Co-operative Bank, rep. by its Managing Director, Cherry Road, Sale,-1. 5.A.Sadhick Basha 6.P.Rajendran 7.T.Samaya 8.M.A.Kasthuri Bai Gandhi 9.P.V.Raman 10.G.Chinthamani 11.R.Ramani 12.P.Padmanaban 13.M.Sekaran 14.P.Shanmugam https://hcservices.ecourts.gov.in/hcservices/ 15.P.Rajendran 16.C.Sundaram 17.G.Thamees 18.A.Murugan 19.G.Parimala 20.C.Palanisami 21.M.Thirumal 22.M.Maheswari 23.P.Machaiyan 24.T.Palaniammal 25.M.Gnanambigai 26.Cho.Thamarai Selvi 27.G.Umamaheswari 28.V.Kavitha 29.K.Sumathi 30.G.Geetha 31.D.Duraikannan 32.T.Jayanthi 33.G.Thanalakshmi 34.C.Chellamuthu 35.E.Subramani 36.M.Ramesh 37.R.Subramanian 38.M.Palanichami 39.V.Ganesan 40.T.Karthikeyan 41.S.Anandakumar 42.M.G.Shankar 43.A.Darmalingam 44.P.Maheswaran 45.M.Kannan 46.P.Saminathan 47.S.Mageswaran 48.K.S.Mohan 49.M.Manimaran 50.R.Varadharajan 51.K.Elangovan 52.K.Sadhasivam 53.C.Kalaiselvi 54.R.Chinnadurai 55.M.Anbarasi 56.C.Kokila 57.M.Maheswari 58.V.Rani 59.K.Subramniam 60.R.Ramalingam 61.T.Ganesan 62.G.Mahalingam 63.A.Kasthuri https://hcservices.ecourts.gov.in/hcservices/ 64.C.Manickam 65.R.Narayanasami 66.N.Manimegalai 67.S.Suganthi (R5 to R67 impleaded as per order of Court dt.24.4.2001 in WMP.10954/2001) .. Respondents W.P.No.6918 to 6921 of 2001 T.Chandrasekaran .. Petitioner in WP.6918/2001 S.Ardhanari Easwaran .. Petitioner in WP.6919/2001 P.Annadurai .. Petitioner in WP.6920/2001 N.Jegatheesan .. Petitioner in WP.6921/2001 Vs. 1.The District Employment Office, Salem District, Salem. 2.The District Central Co-operative Bank, rep. by its Managing Director, Cherry Road, Salem-1. .. Respondents in all WPs. Writ Petition No.5736 of 2001 filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus to direct the respondents not to sponsor the name of the persons on the basis of no objection certificate and consequently direct the respondents to sponsor the names of the petitioners on the basis of the Government order No.216 Co-operation, Food and Consumer Protection Department, dated 01.09.1998 so as to enable the petitioner to participate in the interview for the post of Assistant in the fourth respondent. W.P.Nos.6918 to 6921 of 2001 filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to forthwith sponsor the name of the petitioner to the post of Assistant in the second respondent Bank. For Petitioners : Mr. K.Selvaraj in all WPs. https://hcservices.ecourts.gov.in/hcservices/ For Respondents 1 to 3 : Mr.S.Ramasamy, in WP.5736/2001 & Additional Advocate General-II 1st respondent in assisted by Mrs.Bhavani Subbarayan,GA. WPs.6918 to 6921/01 For 4th respondent in : Mr.M.R.Raghavan WP.5736/2001 & 2nd respondent in WPs.6918 to 6921 of 2001 For respondents 5 to 67 : Mr.V.Manohar COMMON ORDER (Order of the Court was delivered by P.SATHASIVAM, J.) In all these cases, the petitioners have approached this Court to issue a Writ of Mandamus directing the respondents not to sponsor the names of the persons on the basis of no objection certificate and consequently direct the respondents to sponsor the names of the petitioners on the basis of the Government order No.216 Co-operation, Food and Consumer Protection Department, dated 01.09.1998 so as to enable them to participate in the interview for the post of Assistant in the fourth respondent-Bank. 2. Heard the learned counsel appearing for the petitioners as well as the respondents. 3.On going through the relief prayed for, the claim of the petitioners and the stand taken by the Bank as well as the newly impleaded respondents, we are of the view that the relief as claimed by the petitioners cannot be granted by this Court at this juncture. However, the learned counsel appearing for the petitioners relying on the G.O.Ms.No.57, (Co-operation, Food and Consumer Protection Department) dated 21.02.2001 and G.O.Ms.No.249 (Co-operation, Food and Consumer Protection (CC1) Department), dated 31.10.2006, has contended that a direction may be issued to the Bank to consider the claim of the petitioners for appointment. Here again, it is not possible for this Court to issue such positive direction. At the most, in view of the latest Government order in G.O.Ms.No.249 (Co-operation, Food and Consumer Protection (CC1) Department), dated 31.10.2006, if the earlier G.O.Ms.No.57, (Co-operation, Food and Consumer Protection Department) dated 21.02.2001 still subsists, the petitioners are free to approach the respondents, if they are otherwise eligible for the appointment to the post of Assistant. It is made clear that we are not issuing positive direction. However, it is made https://hcservices.ecourts.gov.in/hcservices/ clear that if the petitioners are eligible by virtue of any of the Government orders referred to above or applicable to them, it is for the Bank to consider the same, in accordance with law. 4. In so far as the impleaded respondents are concerned, it is not in dispute that all of them were appointed by the Bank by regular order and it is brought to our notice that pursuant to the direction of this Court in a contempt petition, all of them are continuing in their respective posts. It is made clear that inasmuch as those persons were appointed by the Bank, there will not be any impediment for continuing them. 5. With the above observation, all these writ petitions are disposed of. No costs. Consequently, connected WPMPs are closed. raa Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Secretary, Government of Tamil Nadu, Co-operation, Food and Consumer Protection Department, Fort St. George, Chennai-9. 2.The Registrar of Co-operative Societies, N.V.N.Maaligai, Kilpauk, Chennai. 3.The District Employment Office, District Employment Office, Salem District, Salem-7. 4.The Managing Director, District Central Co-operative Bank, Cherry Road, Salem-1. 2 ccs to Mr.K.Selvaraj, Advocate, SR.58447 & 58448 1 cc to Mr.M.R.Raghavan, Advocate, SR.58415 1 cc to Mr.V.Manohar, Advocate, SR.57904 ra (co) dv/13.12.06 W.P.No.5736 of 2001 etc. https://hcservices.ecourts.gov.in/hcservices/