V. Arumugam v. Deputy Registrar of Coop. Societies, Villupuram
2022-07-15
S.M.SUBRAMANIAM
body2022
DigiLaw.ai
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Na.Ka.No.1025/2013 Tho.Vae.Sa.(4) dated 24.05.2013 and quash the same.) 1. The Inter Departmental Communication issued by the Deputy Register to the Management of the 2nd respondent/Co-operative Societies is under challenge in the present writ petition. 2. The 1st writ petitioner was appointed as Office Assistant in the year 1991 in the 2nd respondent Society and was promoted to the post of Attender in the year 2007. Thereafter, he was promoted to the post of Clerk in the year 2013. The 2nd writ petitioner was appointed as Salesman in the year 1995 and promoted as Attender in the year 2013. The benefit of revised scale of pay were granted to the writ petitioners and the arrears also paid to the petitioners. However, the Deputy Register of Co-operative Society issued a letter dated 24.05.2013, to the Management of the 2nd respondent/Society, stating that the revision of scale of pay granted to the writ petitioners are irregular and not in accordance with the Government orders in force. 3. The learned counsel for the petitioners states that the said order passed by the Deputy Registrar is infirm, in view of the fact that the Joint Registrar alone is competent to decide the issues relating to the services of the employees working in the Co-operative Society. 4. The learned counsel for the 2nd respondent/Society objected the said contention by stating that the Deputy Registrar has not finally decided any of the issues, in connection with the services of the writ petitioners. It is an inter departmental communication shared between the Deputy Registrar and the Management of the Co-operative Society, which would not provide a cause for the purpose of filing the writ petition. 5. The learned counsel for the 2nd respondent/Society stated that the petitioners have not challenged any of the order passed by the Management and communicated any such order. In the absence of challenging any such order passed, the writ petition is not maintainable. 6. This Court is of the considered opinion that under Section 153 of the Tamil Nadu Co-operative Societies Act, the Joint Registrar is competent to decide the issues relating to the services of the employees working in the Co-operative Societies.
In the absence of challenging any such order passed, the writ petition is not maintainable. 6. This Court is of the considered opinion that under Section 153 of the Tamil Nadu Co-operative Societies Act, the Joint Registrar is competent to decide the issues relating to the services of the employees working in the Co-operative Societies. The inter departmental communication between the Deputy Registrar and the Management of the Co-operative Society, would not provide a cause for the purpose of filing the writ petition. The Deputy Registrar being an authority under the provisions of the Tamil Nadu Co-operative Societies Act, may clarify certain things or issue certain instructions to the Management of the Co-operative Society to function in accordance with the Government orders or to implement the policies of the Government in the manner contemplated. Such an inter departmental communications would not provide a cause for filing the writ petition. 7. In the present case, the petitioners admittedly have not challenged the final order passed by the Management and even in case, the Management passed the final order, the petitioners have to exhaust the statutory remedy contemplated under the Tamil Nadu Co-operative Societies Act. This being the factum, the petitioners are at liberty to redress their grievances only in the manner contemplated and after the receipt of the final orders, if any passed by the competent authority. 8. With these observations, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.