N SELVAM Vs. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Heard the learned counsel appearing for the parties.

(2.) In this writ petition, the petitioner has prayed for calling for the entire records of the 1st respondent's proceedings made in Na.Ka.No.1612/95 Kuvisa dated 25.12.1998, quash the same and for direction to the respondent to approve the Petitioner's Post as Secretary in the 2nd Respondent Bank.

(3.) The petitioner was appointed as a Salesman in Tamil Nadu Civil Supplies and Consumer Corporation's Fair Price shop in 1979. Subsequently, the fair price shops were taken over by different Co-operative Societies and accordingly the petitioner was working as Salesman in Kokkaladi Primary Agriculture Cooperative Bank Ltd., from 16.11.1989. Subsequently, he was promoted as a clerk. It is stated that thereafter, he was sent on deputation to Singalanthi Primary Agriculture Co-operative Bank Ltd. While he was so working, the Secretary of the said Singalanthi Primary Agriculture Cooperative Bank Ltd., the second respondent expired and the petitioner was made as incharge Secretary. At this stage, an order Na.Ka.No.1612/Kuvisa dated 25.12.98 was passed reverting the petitioner to his parent post in Kokkaladi Primary Agriculture Cooperative Bank Ltd. Aggrieved by the said order, the petitioner had filed W.P.No.18553/96. The said writ petition was dismissed by order dated 11.12.96 holding that the petitioner had no right to continue in the subsequent post and there was no infirmity in the order of reversion. After disposal of the aforesaid writ petition, it appears a resolution was passed by the petitioner's parent bank declaring that they had no objection if the services of the petitioner are regularised in the present second respondent bank to which the petitioner had been deputed. The petitioner had made several representations to the second respondent Bank and it appears that the second respondent also passed a resolution on 21.11.97 recommending that the petitioner may be absorbed under the second respondent bank. However, subsequently, by order dated 25.12.98, the second respondent has been directed to relieve the petitioner and to send the petitioner back to his parent bank namely Kokkaladi Primary Agriculture Co-operative Bank Limited. This order has been challenged in the present writ petition.