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2011 Supreme(Mad) 3325

K.CHANDRU
G. Senthilkumar – Appellant
Versus
Government of Tamil Nadu, rep by its Secretary to Government, Cooperation, Food and Consumer Protection Department – Respondent


Advocates Appeared:
For the Petitioners:R. Muthukumarasamy, SC for R. Gouri, Advocate.
For the Respondents: L.P. Shanmugasundaram, AGP (Co-op.).

JUDGMENT :-

1. The petitioners in all these writ petitions are strangers to the fourth respondent Bank in whose service they wanted to get in to as Assistants. They have been filing cases after cases before this court with one relief or other. The fourth respondent Bank is the Salem District Central Cooperative Bank Limited, represented by its Special Officer. The bank has its own special bylaws relating to the service conditions of its employees. The rules were framed under Rule 149 of the Tamil Nadu Cooperative Societies Rules, 1988 (for short TNCS Rules) and they were approved by the State Government vide Rule 149 (1) of the TNCS Rules vide G.O.Ms.No.84, Consumer, Food and Consumer Protection Department, dated 15.3.2004. As per bylaw No.10, it is stated as follows:

"10. AGE AT ENTRY AND AGE OF RETIREMENT.

In matters of age for appointment and retirement, the provisions contained in subrule (3) of rule 149 shall be followed."

(Emphasis added)

2. Rule 149(3) of the TNCS Rules has stipulated that in the matters of reservation for appointments and age for appointment and retirement, the rule applicable to the Government servants shall be followed. The original rule enacted reads as follo































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