T. Narasimhavarman v. Registrar of Co-operative Societies
2012-06-05
K.CHANDRU
body2012
DigiLaw.ai
Judgment :- 1. The petitioners have filed the present writ petition seeking to challenge the circular of the respondent dated 10.05.2007 in so far as including the 1998 qualified Senior Inspectors over and above the name of 1995 qualified Senior Inspectors and for a consequential direction to the respondent to effect promotion as Co-operative Sub-Registrars as per the order of seniority prepared pursuant to the panel made on 08.08.1995 and thereafter, thereafter consider the promotions of subsequently eligible Senior Inspectors as per their regular order of seniority. 2. The writ petition was admitted on 06.11.2007. Pending the writ petition, this Court has granted an order of status-quo on 08.02.2008. Subsequently, the petitioners were directed to be given promotion to the post of Co-operative Sub-Registrar, vide order dated 29.04.2008. However, it was to be made subject to the result of the writ petition. 3. In the meantime, the petitioners filed M.P.No.4 of 2007 seeking to implead the affected parties by making one P.Halan as representing the interest of similarly placed persons and this Court by order dated 14.12.2007 directed the petitioners to cause publication in "The Indian Express" and "Dinakaran" newspapers. 4. It is now stated that paper publication was effected and proof was also filed. On notice from this Court, the respondents have filed a counter affidavit dated 23.10.2008. 5. Heard the arguments of Mr.A.Amalraj, learned counsel for the petitioners and Mr.E.M.S.Natarajan, learned Government Advocate for the respondent. 6. It is the stand of the respondent that certain Junior Inspector of Co-operative Societies were appointed under Rule 10(a)(i) of the General Rules for the Tamil Nadu State and Subordinate Services on temporary basis through various employment exchanges to look after the works in the Cooperation Department of Co-operative Audit and in the Department of Audit for Milk Cooperative Societies as well as the works relating to other functional Registrars. By G.O.Ms.No.271, Co-operation, Food and Consumer Protection Department, dated 10.11.1998, the Government issued orders for conducting special qualifying examination by the Tamil Nadu Public Service Commission to regularise the services of the temporarily appointed Junior Inspectors of Cooperative Societies. Consequent upon the orders passed by the State Government, the Tamil Nadu Public Service Commission conducted a special qualifying examination on 15.10.1989 and 1323 candidates were participated in the examination and out of 1323 candidates, 1244 candidates came out successful. 7.
Consequent upon the orders passed by the State Government, the Tamil Nadu Public Service Commission conducted a special qualifying examination on 15.10.1989 and 1323 candidates were participated in the examination and out of 1323 candidates, 1244 candidates came out successful. 7. The Government in G.O.Ms.No.116, Co-operation, Food and Consumer Protection Department, dated 17.05.1995 issued orders relaxing Rules 9 and 10 of the Special Rules for the Tamil Nadu Co-operative Subordinate Services in favour of 95 temporary Junior Inspectors as mentioned in Annexure-I to the said Government Order so as to exempt them from undergoing the training prescribed in rule 10 of the said Rules, for the purpose of commencement of their probation from the date of regularisation of their services and declaration of completion of probation and a condition was also imposed that those who did not possess the qualification of higher diploma or decree in Cooperation and in Co-operative Training through Correspondence Course conducted by the Institutes of Co-operative Management, within a period of three years from the date of promotion as Senior Inspector of Co-operative Societies, failing which their subsequent increments shall be withheld till they acquire the said qualification. Consequent upon the issuance of the above order, the names of 677 Junior Inspectors, which includes 95 Junior Inspectors who were exempted from the qualification, were included in the panel of Junior Inspectors fit for promotion as Senior Inspector as on 01.05.1995. On 08.08.1995, they were promoted as Senior Inspectors of Co-operative Societies. 8. The Government, by a letter dated 01.08.1995 informed that the orders issued in G.O.Ms.No.116, Co-operation, Food and Consumer Protection Department, dated 17.05.1995 will also cover Rules 7 and 11 of the Special Rules and if the Junior Inspectors of Co-operative Societies fails to pass the departmental tests in four subjects, namely Co-operation, Auditing, Banking and Book Keeping and DOM test within a period of three years from the date of promotion as Senior Inspectors of Cooperatives Societies, their subsequent increment shall be withheld till they qualify in that tests.
By G.O.Ms.No.70, Cooperation, Food and Consumer Protection Department, dated 18.03.1996, the Government issued orders extending the relaxation given to 95 Junior Inspectors of Co-operative Societies, who have been governed by G.O.Ms.No.116, Cooperation, Food and Consumer Protection Department, dated 17.05.1995, the Government letter dated 01.08.1995 to all the Junior Inspectors selected through special qualifying examination, but who have not passed the departmental tests subject to the condition that they should pass the tests within a period of three years from the date of promotion as Senior Inspectors. Based on the relaxation given by the Government, particulars were called for in respect of the Junior Inspectors, who have not passed the departmental tests. 9. In the meanwhile, large numbers of Co-operative Department staff in the category of Co-operative Sub-Registrars, Senior Inspectors of Co-operative Societies and Junior Inspectors of Co-operative Societies were rendered surplus, consequent upon the holding of election to the Co-operative Societies and the Board of Directors assuming charge in the place of Special Officers. In view of the same, the promotion panel prepared could not be approved immediately. A revised panel was prepared and the same was approved by the Registrar of Co-operative Societies on 26.03.1998. 10. Subsequently, Government's clarification was sought regarding the fixing up of seniority between the Junior Inspectors promoted as Senior Inspectors, in the main panel, as on 01.05.1995 as well as in the revised panel. The Government vide letter dated 07.09.2000 issued clarification that the seniority of Junior Inspector selected through special qualifying examination, promoted as Senior Inspector during the year 1995-1996 and the Junior Inspector promoted as Senior Inspector consequent on the relaxation given by the State Government in G.O.Ms.No.70 should be fixed based on their seniority in the lower category. Based on the clarification issued by the Government, the seniority of Senior Inspectors of Co-operative Societies in the main panel and also in the review panel including the petitioners were assigned seniority on 06.11.2002 and the seniority list was communicated to the Regional Joint Registrars. 11. It is the stand of the respondent that there was no necessity to revise the seniority already assigned in the Registrar's list dated 06.11.2002. Based on the seniority list, the establishment list in the category of Senior Inspector of Co-operative Societies was prepared.
11. It is the stand of the respondent that there was no necessity to revise the seniority already assigned in the Registrar's list dated 06.11.2002. Based on the seniority list, the establishment list in the category of Senior Inspector of Co-operative Societies was prepared. Under Rule 35 of the General Rules for the Tamil Nadu State and Subordinate Services, it has been mentioned that the application for revision of seniority should be made within a period of three years from the date of the order fixing the seniority. But however, this will not apply in case of rectifying the mistakes. The petitioners have represented the revised seniority on 28.09.2007, that too after a period of 4 = years and therefore, their representation was rejected. 12. In the present case, not only the petitioners raised up the issue regarding seniority belatedly and beyond the statutory period of time fixed by the rules, but also they have not chosen to challenge the various orders of the Government and the Registrar in granting relaxation in favour of the persons recruited through special competitive examination. Therefore, at this point of time, the seniority already fixed by the respondent cannot be varied at the instance of the petitioners and hence, there is no case made out and the writ petition is liable to be rejected. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.