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2012 Supreme(Mad) 2210
High Court of Judicature at Madras
K. CHANDRU
T. Narasimhavarman & Others
Versus
The Registrar of Co-operative Societies
W.P.No.34607 of 2007 & Connected Miscellaneous Petitions
Decided on : 05-06-2012
For the Petitioners:A. Amalraj, Advocate.
For the Respondent:E.M.S. Natarajan, Government Advocate.
Belated challenge to seniority and failure to challenge relaxation orders preclude variation of already fixed seniority.
Headnote:
Seniority - Writ Petition - Special Qualifying Examination - Co-operative Subordinate Services - G.O.Ms.No.271, G.O.Ms.No.116, G.O.Ms.No.70 - Rules 7, 9, 10, 11, 35 - Seniority list - Revision of seniority - Statutory period for revision of seniority - Relaxation in favor of Junior Inspectors - Challenge of government orders - Dismissal of writ petition
Fact of the Case:
The petitioners sought to challenge the circular of the respondent regarding the inclusion of 1998 qualified Senior Inspectors over 1995 qualified Senior Inspectors for promotion as Co-operative Sub-Registrars. The petitioners were given promotion subject to the result of the writ petition. The respondents filed a counter affidavit. The petitioners raised the issue of seniority belatedly and beyond the statutory period of time fixed by the rules.
Finding of the Court:
The court found that the petitioners' representation for the revision of seniority was made after the statutory period and they had not challenged the various orders of the Government and the Registrar in granting relaxation in favor of the persons recruited through special competitive examination. The court concluded that the seniority already fixed by the respondent cannot be varied at the instance of the petitioners and dismissed the writ petition.
Issues: Challenge of circular regarding seniority, revision of seniority beyond statutory period, relaxation in favor of Junior Inspectors
Ratio Decidendi: The court held that the petitioners' belated challenge to the seniority and failure to challenge the relaxation orders precluded them from varying the seniority already fixed by the respondent.
Final Decision: The writ petition was dismissed with no costs, and connected miscellaneous petitions were closed.
1. The petitioners have filed the present writ petition seeking to challenge the circular of the respondent dated 10.05.2007 in so far as including the 1998 qualified Senior Inspectors over and above the name of 1995 qualified Senior Inspectors and for a consequential direction to the respondent to effect promotion as Co-operative Sub-Registrars as per the order of seniority prepared pursuant to the panel made on 08.08.1995 and thereafter, thereafter consider the promotions of subsequently eligible Senior Inspectors as per their regular order of seniority.
2. The writ petition was admitted on 06.11.2007. Pending the writ petition, this Court has granted an order of status-quo on 08.02.2008. Subsequently, the petitioners were directed to be given promotion to the post of Co-operative Sub-Registrar, vide order dated 29.04.2008. However, it was to be made subject to the result of the writ petition.
3. In the meantime, the petitioners filed M.P.No.4 of 2007 seeking to implead the affected parties by making one P.Halan as representing the interest of similarly placed persons and this Court by order dated 14.12.2007 directed the petitioners to cause publication in "The Indian Express" and "Dinakaran" newspapers.
4. It is now stated that paper publication was effected and proof was also filed. On notice from this Court, the respondents have filed a counter affidavit dated 23.10.2008.
5. Heard the arguments of Mr.A.Amalraj, learned counsel for the petitioners and Mr.E.M.S.Natarajan, learned Government Advocate for the respondent.
6. It is the stand of the respondent that certain Junior Inspector of Co-operative Societies were appointed under Rule 10(a)(i) of the General Rules for the Tamil Nadu State and Subordinate Services on temporary basis through various employment exchanges to look after the works in the Cooperation Department of Co-operative Audit and in the Department of Audit for Milk Cooperative Societies as well as the works relating to other functional Registrars. By G.O.Ms.No.271, Co-operation, Food and Consumer Protection Department, dated 10.11.1998, the Government issued orders for conducting special qualifying examination by the Tamil Nadu Public Service Commission to regularise the services of the temporarily appointed Junior Inspectors of Cooperative Societies. Consequent upon the orders passed by the State Government, the Tamil Nadu Public Service Commission conducted a special qualifying examination on 15.10.1989 and 1323 candidates were participated in the examination and out of 1323 candidates, 1244 candidates came out successful.
7. The Government in G.O.Ms.No.116, Co-operation, Food and Consumer Protection Department, dated 17.05.1995 issued orders relaxing Rules 9 and 10 of the Special Rules for the Tamil Nadu Co-operative Subordinate Services in favour of 95 temporary Junior Inspectors as mentioned in Annexure-I to the said Government Order so as to exempt them from undergoing the training prescribed in rule 10 of the said Rules, for the purpose of commencement of their probation from the date of regularisation of their services and declaration of completion of probation and a condition was also imposed that those who did not possess the qualification of higher diploma or decree in Cooperation and in Co-operative Training through Correspondence Course conducted by the Institutes of Co-operative Management, within a period of three years from the date of promotion as Senior Inspector of Co-operative Societies, failing which their subsequent increments shall be withheld till they acquire the said qualification. Consequent upon the issuance of the above order, the names of 677 Junior Inspectors, which includes 95 Junior Inspectors who were exempted from the qualification, were included in the panel of Junior Inspectors fit for promotion as Senior Inspector as on 01.05.1995. On 08.08.1995, they were promoted as Senior Inspectors of Co-operative Societies.
8. The Government, by a letter dated 01.
