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2003 Supreme(Mad) 850

B.SUBHASHAN REDDY, K.GOVINDARAJAN
P. Baluchamy – Appellant
Versus
The State represented by the Secretary to Government, Co-operation, Food and Consumer Protection Department, Chennai and others – Respondent


Advocates:
G.Rajagopalan, Senior Counsel, for C.Prakasam, S.M.Subramanian, G.Ravishankar, P.H.Manoj Pandian, V.Bhiman, S.Jayachandran, K.Chandru, Senior Counsel, for P.Chandrasekaran, P.Sureshbabu, S.A.Balasubramanian, S.Ayyathurai, T.S.Rajamohan, S.Kamadevan, Ms.S.Ponnarasi, Mrs.S.Aparna, K.Annandan, for Petitioners.
N.R.Chandran, Advocate General, assisted by V.Raghupathi, Government Pleader, M.S.Palaniswamy, Special Government Pleader, M.Devaraj, M.R.Raghavan, K.Vasu Venkat, S.Silambanan, G.Sukumaran, P.S.Jayakumar, P.Chandrasekaran, A.S.Thambuswamy, for Respondents.

K.Govindarajan, J.: The Government, on the basis of the recommendations of the Registrar of Co-operative Societies, decided to constitute the Tamil Nadu Primary Agricultural Co-operative Bank’s common cadre of service in respect of the post of Secretary in Primary Agricultural Co-operative Banks. To implement the said decision, exercising powers conferred under Sec.75 of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter called ‘the Act’), the Government passed order in G.O.Ms.No.55, Co-operation, Food and Consumer Protection Department, dated 24.3.2000 constituting common cadre of service in respect of the post of Secretary in Primary Agricultural Co-operative Banks in the State. They have also formed the Tamil Nadu Agricultural Co-operative Banks common Cadre Service Regulations.

2. Challenging the said Government Order, most of the petitioners have filed the writ petitions. Some of the have challenged the validity of Sec.75 of the Act.

3. Mr.Chandru, learned senior counsel appearing for some of the petitioners submitted that if common cadre is created, it will be a financial burden to the Society and the Secretaries employed were not given opportunity before the Governme






































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