7WA No. 2674 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2023

CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN

and

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

Writ Appeal No. 2674 of 2022

C. Thiruppathi

.. Appellant

Versus

1. The Secretary to Government of Tamil Nadu

Co-operation, Food & Consumer Protection Department

Fort St. George, Chennai - 9

2. The Registrar of Co-operative Societies

Chennai - 10

3. The Joint Registrar of Co-operative Societies

Thoothukudi Region, Thoothukudi

.. Respondents

Writ Appeal filed under Clause 15 of Letters Patent praying to set aside

the order dated 05.08.2022 passed in Writ Petition No. 6353 of 2016 on the

file of this Court.

For Appellant

:

Ms. N.R.Jasmine Padma

For Respondents

:

Mr. C. Kathiravan

Special Government Pleader

JUDGMENT

(Judgment of the Court was delivered by R. MAHADEVAN, J.)

The challenge made in this intra-court appeal is to the order dated

05.08.2022 passed by the learned Judge, dismissing Writ Petition No. 6353 of

2016 filed by the appellant herein.

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7WA No. 2674 of 2022

2.

The appellant has filed the aforesaid writ petition, praying to issue

a Writ of Mandamus directing the respondents to regularise his service as

Junior Inspector of Co-operative Societies from the date of his initial

appointment on 01.10.1984 for the purpose of calculating his pension and

consequently grant him the benefits payable to him.

3.

According to the appellant, by an order of appointment dated

01.10.1984 issued by the Deputy Registrar of Co-operative Societies,

Dharmapuri District, he was appointed as Junior Inspector of Co-operative

Societies under Rule 10 (a) (i) of the General Rules for the Tamil Nadu State

and Subordinate Service Rules corresponding to Section 17 (1) of the Tamil

Nadu Government Servants (Conditions of Service) Act, 2016 (Act 14 of

2016). During the course of his employment, for the purpose of regularising

the services of the employees like the appellant, a qualifying test was

conducted by the Tamil Nadu Public Service Commission. The appellant

participated in the written test conducted on 15.10.1989, but he could not

secure the minimum qualifying marks. Therefore, the appellant was ousted

from service along with several others on the forenoon of 10.10.1990.

Challenging the said order, similarly placed persons like the appellant filed

Original Applications before the Tamil Nadu Administrative Tribunal,

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7WA No. 2674 of 2022

Chennai. The Tribunal, by order dated 01.07.1994 allowed those O.A. Nos.

3855 and 3856 of 1991 filed by similarly placed persons like the appellant, by

directing the respondents therein to appoint the applicants therein and

regularise their services as Junior Inspectors of Co-operative Societies from

the date they were ousted from service, within two months from the date of

receipt of the order relaxing the relevant rules and procedure, if need be, with

all the consequential service and monetary benefits.

4.

The appellant also stated that the respondents, instead of

complying with the directions issued by the Tribunal in O.A. Nos. 3855 and

3856 of 1991, filed a Review Application No. 105 of 1994 for reviewing the

Order dated 01.07.1994, whereas the applicant preferred contempt petition for

the non-compliance of the said order. By a common order dated 07.04.2000,

the Review Application was dismissed and the contempt petition was ordered

by directing the appointing authority to appoint the applicant as Junior

Inspector of Co-operative Societies. It was further directed that immediately

after joining duty, the applicant therein shall submit a representation to the

fourth respondent therein to grant age relaxation, if need be, to regularise his

service. On receipt of such representation, the fourth respondent therein