The re-appointment of a retired person as Secretary of a Co-operative Society is illegal and without jurisdiction under the Tamil Nadu Co-operative Societies Act, 1983.

1. Petitioner seeks issuance of writ of certiorari or any other appropriate writ, direction or order in the nature of writ calling for the records relating to the proceedings of Registrar of Co-Operative Societies (Housing) Chennai, the first respondent made in Na.Ka. No. 11534/98/E4, dated 29. 1998 and quash the same and pass such further orders.

.2. Petitioner is a member of Kancheepuram Co-operative Housing Society Limited and his membership number is 4337. Society is having its own staff such as Secretary, Superintendent, Head Clerk, Assistant and Attender. Fourth respondent was the secretary of the society and he attained superannuation on 37. 1998. First respondent issued proceedings in Na.Ka. No. 11534/98/E4, dated 29. 1998, reappointing 4th respondent for one year. Same is challenged in this writ petition on the ground that it is violative to provisions of Tamil Nadu Co-operative Societies Act and Rules. 4th respondent is not eligible to be appointed and procedure for appointment is also not followed. After retirement, 4th respondent is not eligible to be appointed in the same post as Secretary since qualifications are different. According to petitioner, order is without jurisdiction and perse illegal.

3. Respondents 1 and 2 have filed common counter affidavit and respondents 3 and 4 have also filed separate affidavits. But the contentions are same. It is said that the writ petition is filed without any bona fide . Writ petitioner is one among the group who have already had some unlawful intervention with the smooth conduct of election of society and one of the contestants filed W.P. No. 6987 of 1997 alleging irregularities in the elections and the said writ petition is pending. It is said that writ petition itself is filed only with some bad motive and hostility towards 4th respondent. There is no suitable alternative to the post of Secretary within the Society and important projects, Court cases and statutory works like arbitration and execution are pending in large numbers. On the request of second respondent and on the basis of resolution passed by third respondent society, proceedings were issued by first respondent offering the post of Secretary to 4th respondent at a consolidated pay of Rs. 8, 500 per month for one year. The order is purely on public interest and not with bad motive. After taking into consideration best interest of the society, where the interest and principal amounting to Rs. 1.50 crores outstanding, a service personnel having familiarity with borrowers to enable society to recover the loan amounts, service of 4th respondent is found necessary and therefore the appointment is made. There is no bar for reemployment of 4th respondent, since post of 4th respondent is not pensionable post. It is only temporary appointment on a consolidated pay of Rs. 8, 500 and not on scale of pay and also not extension of service. It is said that there is no violation of law and respondent is competent to issue such instructions permitting society to appoint 4th respondent as Secretary.

.4. Similar are the contentions of respondents 3 and 4. It prayed for dismissal of writ petition.

5. I heard the learned counsel on both sides.

6. The fact that 4th respondent retired from service on 37. 1998 is admitted. Post of Secretary is vacant. It is in that post 4th respondent was appointed for a period of one year from the date of his assuming charge. Regarding appointment of paid officers, Tamil Nadu Co-Operative Societies Act provide for certain conditions. The same is dealt with in Chapter VIII. Section 73 of the Act deals with appointment of paid officers and servants of registered society and their condition of service. Section 74 deals with constitution of recruitment bureaus at the state and district level. Section 75 deals with constitution of common cadre of service. Section 76 deals with suspension of paid officers. Section 77 deals with removal of paid officer or servant of the Society.

7. In