P BALUCHAMY Vs. STATE REP

JUDGEMENT

(1.) THE Government, on the basis of the recommendations of the Registrar of Co-operative Societies, decided to constitute the Tamil Nadu Primary Agricultural Co-operative Banks' common cadre of service in respect of the post of Secretary in Primary Agricultural Cooperative Banks. To implement the said decision, exercising powers conferred under Section 75 of the Tamil Nadu Co-operative Societies Act 1983 (hereinafter called 'the Act'), the Government passed order in G. O. Ms. No. 55, Co-operation, Food and Consumer Protection Department, dated 24. 3. 2000 constituting common cadre of service in respect of the post of Secretary in Primary Agricultural Co-operative Banks in the State. They have also formed the Tamil Nadu Agricultural Co-operative Banks common Cadre Service Regulations.

(2.) CHALLENGING the said Government Order, most of the petitioners have filed the writ petitions. Some of them have challenged the validity of Section 75 of the Act.

(3.) MR. Chandru, learned Senior Counsel appearing for some of the petitioners submitted that if common cadre is created, it will be a financial burden to the Society and the Secretaries employed were not given opportunity before the Government Order was passed. He further submitted that the reason for changing the system by creating common cadre is not adequate which clearly shows that the Government passed the impugned Order without applying their mind. According to the learned Senior Counsel, if the existing Secretaries are not given option to come within the common cadre, they have to go out, which amounts to termination of service. So, the impugned Government Order cannot be sustained. As contemplated under Section 39 of the Act, Societies are corporate bodies with perpetual succession and common system and so, they are entitled to employ their own employees. Even the power given under Rule 147 of the Rules to the Board of Directors cannot be taken away. When the Registrar is having every power to control the Secretary of the Society, bringing the said post under common cadre may not be necessary. If the Secretary comes from outside the Society in view of the common cadre system, he may not have special training with respect to the Society in question to discharge his function effectively.