REGISTRAR OF COOPERATIVE SOCIETIES Vs. K. MARIAPPAN

JUDGEMENT

(1.) This intra-court appeal is filed by the Cooperative Societies against the order of the learned single Judge passed in W.P. No.2780 of 2018 dated 26.11.2019, wherein the writ court directed the appellants herein to regularise the services of the writ petitioner from the date of his appointment to the post of Salesman.

(2.) The writ petitioner was originally appointed as Packer on 10.10.1993 by virtue of Resolution No.120 dated 11.10.1993 in the proceedings of the Special Officer/Cooperative Society Sub Registrar, Paraiyapattipudur. After satisfactory service, he was promoted as a Salesman on 11.3.1999 vide proceedings of the President, Primary Agricultural Cooperative Society Bank, Paraiyapattipudur. There was a revision of the salary of the writ petitioner, as per 18(1) settlement arrived between the Taimil Nadu Primary Agricultural and Co-operative Credit Society Employees' Association and the President of the Petitioner Society.

(3.) The writ petitioner was promoted as Salesman only after completing the requisite qualification for the same, when the vacancy arose for Salesman. However, the post of the writ petitioner was not regularised and he was only drawing a consolidated pay in the post of Packer, as the same did not fall within the cadre strength of the Society. It was further stated that since the appointment was not in accordance with Rule 49 of the Tamil Nadu Cooperative Societies Act and Rules, the post of the writ petitioner cannot be regularised as the appointment of the writ petitioner as a Packer originally was not through the Employment Exchange and his promotion as Salesman with effect from 01.03.1999 was also only pursuant to the Resolution No.279 of the Special Officer of the Society.