G SAMBANDAM SECRETARY ON EXTENSION KANCHEEPURAM CO OPERATIVE HOUSING SOCIETY LIMITED KANCHEEPURAM Vs. T MUTHEESWARAR

JUDGEMENT

(1.) THE Judgment of the Court was delivered by A.S.Venkatachalamoorthy, J.: THE above writ appeal has been directed against the Order in W.P.No.16833 of 1998.

(2.) THE brief facts necessary for the purpose of dealing with this appeal can be stated as under: THE appellant was working as Secretary of the Kancheepuram Co-operative Housing Society Limited and he retired on attaining the age superanuation on 31.7.1998. THE Registrar of Co-operative Housing Society namely the second respondent herein issued proceedings in Na.Ka.No.11534 of 1998/E4 dated 23.9.1998 reappointing the appellant for a year. THE first respondent herein as writ petitioner challenged the validity of the said order on the ground that the same is violative of the provisions of the Tamil Nadu Co-operative Societies Act and Rules. In short the contention of the first respondent/writ petitioner is that the appellant is not eligible to be appointed in the same post namely as Secretary and the order is totally without jurisdiction contrary to the provisions of the Act. THE writ petition is allowed by the learned single Judge of this Court by an Order dated 22.2.1999. Along with the present writ appeal the appellant has also filed C.M.P.No.3453 of 1999 praying this Court to stay the operation of the said order and in fact stay was granted by an order dated 1.3.1999 for a period of eight weeks and thereafter by a subsequent Order dated 1.4.1999 the interim stay already granted was extended until further orders. It is gathered that taking note of the fact that the order of the learned single Judge has been stayed, the second respondent namely the Registrar of Co-operative Housing Societies has again reappointed the appellant for a period of one year obviously for the period from 24th September, 1999 to 23rd September, 2000.

(3.) A careful examination of the above sections namely Secs.73 to 77 would show that those sections deal with appointments of Paid officers and servants as are necessary for the efficient performance of its functions. Those provisions deal with and refer to only the fresh appointments and there is nothing to indicate that would apply or include reappointments as well.