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2018 DIGILAW 1032 (MAD)

Santhanam v. Joint Registrar of Co-operative Societies

2018-03-13

G.R.SWAMINATHAN

body2018
JUDGMENT : Heard the learned counsel on either side. Mrs.S.Srimathy, learned Special Government Pleader takes notice for the newly impleaded respondents. 2. The petitioner is employed in the third respondent society as a Salesman. He has been working since April 1991. The service of the petitioner however has not been regularized till date. Therefore, the present writ petition has been filed. 3. The learned counsel appearing for the third respondent would submit that earlier the power of regularization was conferred on the Joint Registrar of Cooperative Societies. But the said power was withdrawn on 31.10.2007. The primary impediment for the petitioner is that he was not sponsored by the employment exchange and that therefore in view of the order passed by the Hon'ble Supreme Court, it is not possible to grant regularization. 4. This Court is of the view that the case of the writ petitioner is certainly exceptional. It is seen that the petitioner was appointed in the third respondent society along with others. None of them were sponsored by the employment exchange. But, the other persons namely Rajangam and Murugesan had the benefit of regularization. The petitioner alone has been left out. It is true that the petitioner was not sponsored by the employment exchange. But, he continued to be hold the post for more than 27 years. The petitioner is having the qualifications required for holding the said post. 5. When a person has been working in a given post for more than 27 years, then his case is truly exceptional. Fortunately for the petitioner there is a sanctioned post and would it is fall within the cadre strength. 6. Taking note of all these aspects, namely, (i) the long service put in by the petitioner for 27 continuous years (ii) Possession of the requisite educational qualifications (iii) similarly placed individuals having been already regularized and the post in question falling within the cadre strength and being a sanctioned one, this Court directs the Government to regularize the petitioner's service. This Court has not given any finding with regard to the date from which the regularization has to be given or regarding the disbursement of other benefits. The fourth and fifth respondents are directed to pass appropriate orders in accordance with law on the lines indicated above within a period of twelve weeks from the date of receipt of a copy of this order. 7. The fourth and fifth respondents are directed to pass appropriate orders in accordance with law on the lines indicated above within a period of twelve weeks from the date of receipt of a copy of this order. 7. The writ petition is allowed as indicated above. No costs.