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2026 Supreme(Online)(Mad) 15407

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice T. VINOD KUMAR
M.Shankar – Appellant
Versus
The Registrar of cooperative societies – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.02.2026 CORAM:

THE HONOURABLE MR. JUSTICE T.VINOD KUMAR W.P.No s . 9314, 9319 & 7358 of 202 1 a nd WMP.Nos.7864, 9883, 9886, 9885, 9896,9902, 9908, 9906,11376, 13631, 13633 of 2021 M.Shankar ... Petitioner in W.P.No.9314/2021 V.Adhimoolam ... Petitioner in W.P.No.9319/2021 S.Madivanane ... Petitioner in W.P.No.7358/2021 vs

1. The Registrar of Cooperative Societies, Government of Puducherry, Co-operative Department, V.V.P.Nagar, Thattanchavadi Post, Pondicherry-605 009 2. The Administrator Puducherry Co-operative Urban Bank Ltd P.14, 197, Jawaharlal Nehru street, Puducherry-605 001.

3. The Managing Director Puducherry co-operative Urban Bank Ltd P.14, 197, Jawaharlal Nehru street, Puducherry-605001.

4. The Reserve Bank of India No.16, Rajaji Salai, Fort Glacis, Chennai--600 001. 5. Union of India, Rep by its Secretary, Co-operative Department, Puducherry … Respondents in W.P.Nos.9314 & 9319/2021

1. Union of India Rep. by its Secretary, Co-Operative Department, Puducherry.

2. The Registrar of Co- Operative Societies, Government of Puducherry, Co- Operative Department, V.V.P.Nagar, Thattanchavadi Post, Puducherry.- 605 009.

3. The Administrator Puducherry Co- Operative Urban Bank Ltd, P.14, 197,Jawaharalal Nehru Street, Puducherry- 605 001.

4. The Maaging Director Puducherry Co- Operative Urban Bank Ltd, P.14, 197,Jawaharalal Nehru Street, Puducherry- 605 001.

5. The Reserve Bank of India No.16,Rajaji Salai, Fort Glacis, Chennai- 600 001. … Respondents in W.P.No.7358/2021 Common Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, Calling for the records leading to the issuance of the impugned Direction dated 6.11.2019 issued by the 1st respondent herein in No.RCS/Planning / Circular/ 2018 / 448, under section 81(1) of the Puducherry Co-operative societies Act 1972 and the consequential approval of the amendment of Rule No.35(1) of the Service Regulations of the Pondicherry co- operative Urban Bank Ltd., No.P.14 by the 1st respondent on 28.1.2021 vide No.5 /12/1/2 / RCS / CR / H/1999/ Vol-III / 14 and consequential Notice dated 3.2.2021 issued by the 3rd respondent vide PCUB / Estt. / 19-Vol-2/2017 to the petitioner herein and quash the same.

For Petitioner in all petitions : Mr.S.Prem Auxilian Raj For Respondents : Mrs.Sharadhavivek in W.P.Nos.9314 & Additional Government Pleader for R1 & R5

9319/2021 : Mr.R.Sreedhar Standing Counsel for R2 & R3 : No Appearance for R4 For Respondents in W.P.No.7358/2021 : Mrs.Sharadhavivek Additional Government Pleader for R1 & R2 : Mr.R.Sreedhar Standing Counsel for R3 & R4 : No Appearance for R5 COMMON O R D E R Heard the learned counsel for the petitioners and the learned Standing Counsel appearing on behalf of the third respondent and perused the records.

2. The petitioners, by the present writ petition, have assailed the action of the respondents in issuing the proceedings dated 03.02.2021, whereby the petitioners were informed that they would be retiring from service on attaining the age of 58 years on the date mentioned in the impugned proceedings.

3. On the respondents issuing the aforesaid proceedings, the petitioners have approached this Court contending that pursuant to Office Memorandum dated 30.05.1998 increasing the age of Government employees from 58 years to 60 years, the respondents issued proceedings dated 25.08.2010 and as per amendment to Clause 35 (1) of the Subsidiary Regulations governing the service conditions of the employees of Puducherry Cooperative Urban Bank Ltd., the retirement age of the employees has been extended to 60 years; and that even though the amendment came into force on 25.08.2010, the respondents by the impugned proceedings had ordered the petitioners to retire at the age of 58 in contravention of the Rules. 4. Per contra, the learned Standing Counsel appearing on behalf of the respondents 2 and 3 submits that a similar issue fell for consideration

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