K KANDASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner has come forward to file the present writ petition seeking for a direction to the fifth Respondent to consider and appoint the Petitioner in the post of Assistant in the fifth Respondent Bank without reference to the age bar that has been prescribed by them.

(2.) Notice of motion was ordered on 24.09.2008. On notice from this Court, the second Respondent/Registrar of Co-operative Societies, has filed a counter affidavit dated06.10.2009 and on behalf of the fifth Respondent/Co-operative Bank, a counter affidavit dated Nil (October 2008) has also been filed. In both the counter affidavits, the maintainability of the writ petition was also questioned on the ground that no direction will issue to the co-operative societies in the light of the Larger Bench judgment of this Court in Mara pan v. Deputy Registrar of Co-operative Society, 2006 4 CTC 689.

(3.) The Petitioner has filed a reply affidavit, dated10.09.2009 stating that since the statutory rule prescribed under the Tamil Nadu Co-operative Societies Act namely 149 (3)applies, Rule 12(d) of the Tamil Nadu State and Sub-ordinate Service Rules and there has been disregarding of statutory Rule, the writ petition is maintainable.