IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.12.2025 CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. No.585 of 2024 B.Vairavel Petitioner Vs

1. The Deputy Registrar of Cooperative Societies, Salem Circle, Salem

2.S.1236 Valapadi Primary Agricultural Cooperative Credit Society Ltd., Rep. by its Administrator, Valapadi Post, Salem District.

3.R.Jayalakshmi, (R3 impleaded as per Order dated 14.03.2025 in W.M.P. No.35060 of 2024)

4. The Joint Registrar of Co-operative Societies, Salem District.

(R4 Suo motu impleaded vide this order) Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari, calling for the records of the letter in Na.Ka. No.3829/ 2021 tho.ve.Sa dated 08.12.2023 on the file of 1^st respondent and consequential order the 2^nd respondent dated 05.01.2024 quash the same For petitioner : Mr.M.S. Palaniswamy For respondents : Mr.M. Muthusamy for R1 Mr. Vadivelu Deenadayalan for R2 Mr.D. Bharathy for R3

ORDER

This writ petition has been filed to call for the records of the letter in Na.Ka. No.3829/ 2021 tho.ve.Sa dated 08.12.2023 on the file of 1^st respondent and consequential order the 2^nd respondent dated 05.01.2024 quash the same.

Brief facts:

2. The petitioner was initially appointed as a Packer in the 2^nd respondent Society on 01.12.1998 on daily wage basis. Thereafter, he was promoted as Salesman with effect from 01.08.2012. Subsequently, he was promoted as Junior Clerk with effect from 01.03.2018 in the 2^nd respondent Society and has been continuously working in the said post. While so, based on a letter issued by the 1^st respondent dated 08.12.2023, the 2^nd respondent Society passed an order dated 05.01.2024, cancelling the promotion given to him to the post of Junior Clerk and reverting him to the post of Salesman. It is the contention of the petitioner The said reversion order was passed without issuing any notice or conducting any enquiry. Aggrieved by the said order, he filed the present writ petition.

3. Learned counsel for the petitioner submitted that the petitioner was initially appointed as a Packer in the 2^nd respondent Society in the year 1998 and thereafter promoted as Salesman and subsequently as Junior Clerk after due resolutions passed by the Society. He further contended that the petitioner was granted time scale of pay, initially and later promoted as Junior Clerk with effect from 01.03.2018 and has been continuously working in the said post. He vehemently argued that the impugned order cancelling the petitioner’s promotion and reverting him to the post of Salesman was passed solely on the basis of the directions issued by the 1^st respondent, who has no jurisdiction to interfere with the service conditions of the employees of a Co-operative Society. Further, he specifically contended that under G.O.(2D) No.108, Co-operation, Food and Consumer Protection Department, dated 31.08.2005, the authority competent to deal with service matters is only the Joint Registrar and not the 1^st respondent.

4. He further submitted that the impugned order has been passed without issuing any notice to the petitioner and without conducting any enquiry and is therefore leads to gross violation of principles of natural justice. Further, placing reliance on the order of this Court in W.P.No.17294 of 2022 dated 07.07.2023, he pointed out that by following the earlier decision in W.P. No.2628 of 2015, wherein similar orders passed by the Deputy Registrar were set aside on the ground of lack of jurisdiction. Hence, he submitted that the impugned orders, dated 08.12.2023 and 05.01.2024 are passed arbitrarily, without jurisdiction and the same are liable to be quashed. On the aforesaid score, he prayed for allowing of this writ petition.

5. Learned counsel appearing for the 2^nd respondent Society submitted that the petitioner was originally appointed on daily wages pay in contravention of the Tamil Nadu Co-operative Societies Rules, 1988. He submitted that