G SENTHILKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) COMMON Order The petitioners in all these writ petitions are strangers to the fourth respondent Bank in whose service they wanted to get in to as Assistants. They have been filing cases after cases before this court with one relief or other. The fourth respondent Bank is the Salem District Central Cooperative Bank Limited, represented by its Special Officer. The bank has its own special bylaws relating to the service conditions of its employees. The rules were framed under Rule 149 of the Tamil Nadu Cooperative Societies Rules, 1988 (for short TNCS Rules) and they were approved by the State Government vide Rule 149(1) of the TNCS Rules vide G.O.Ms.No.84, Consumer, Food and Consumer Protection Department, dated 15.3.2004. As per bylaw No.10, it is stated as follows: <SI>"10. AGE AT ENTRY AND AGE OF RETIREMENT. In matters of age for appointment and retirement, the provisions contained in subrule (3) of rule 149 shall be followed."</SI> (Emphasis added)

(2.) RULE 149(3) of the TNCS RULEs has stipulated that in the matters of reservation for appointments and age for appointment and retirement, the rule applicable to the Government servants shall be followed. The original rule enacted reads as follows:

(3.) THIS court while entertaining the writ petitions in W.P.No.33000 of 2007 and batch cases, by an order dated 10.09.2008 had directed the District Employment Officer, Salem to consider their representations for sponsoring their names. Another person by name T.Chandrasekaran filed W.P.No.4124 of 2008 seeking for a direction to forward his name for consideration by the Cooperative bank. That writ petition was also disposed of by an order dated 30.09.2008 directing the person's name to be sponsored. In the mean while, the fourth respondent bank informed various aspirants that as per G.O.Ms.No.222, Cooperation, Food and Consumer Protection Department, dated 13.7.2007, five years' relaxation will come to 32+5 = 37 years in respect of MBC. Since the petitioners had crossed that age, their request for considering to the post of Assistants will not arise. In each of the case, the petitioner had beyond the age stipulation by the Bank.