M VASANTHA Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioner is the wife of one Mr.A.R.Christopher, who is serving as a soldier in defence service, has applied for the post of Junior Assistant (Clerical) in the Kanyakumari District Central Government Cooperative Bank at Nagercoil, of course, placing reliance on G.O.Ms.No.134, Personnel and Administrative Reforms (PER & R) Department dated 19.3.1990. 1.2. As her application was not considered by the said Bank, she moved this Court in Writ Petition No.8186 of 2001 and this Court by an order dated 24.4.2001 in Writ Petition No.8186 of 2001 directed the first respondent to consider the proposal forwarded by one A.R.Christopher, Engineer Regiment to the third respondent dated 3.3.2000 requesting the third respondent to consider the name of the petitioner for being sponsored to the post of Junior Assistant in Kanyakumari District Central Government Cooperative Bank at Nagercoil, within a period of two months from the date of receipt of that order. 1.3. Pursuant to the said direction of this Court dated 24.4.2001 made in Writ Petition No.8186 of 2001, the first respondent by proceedings dated 26.6.2001 rejected her application, holding that there is no provision in the said Government Order to consider the name of the petitioner for the service in the Cooperative Societies, rejected her application. Hence, the petitioner seeks a writ of Certiorarified Mandamus to call for the records relating to the proceedings of the first respondent R.C.No.40506/2001/CBSI, dated 26.6.2001, quash the same and to direct the fourth respondent to call for the name of the petitioner from the Kanyakumari District Employment Exchange and appoint her in the post of Assistant in the Kanyakumari District Central Cooperative Bank, Nagercoil, on priority basis as the wife of servicing military personnel in accordance with G.O.Ms.No.134, Personnel and Administrative Reforms (PER & R) Department, dated 19.3.1990. 2. In this regard, I am obliged to refer G.O.Ms.No.134, Personnel and Administrative Reforms (PER & R) Department, dated 19.3.1990, which reads as follows: GOVERNMENT OF TAMIL NADU ABSTRACT Public Services Recruitment through Employment Exchanges Order of Priority Priority for Ex-Indian peace keeping Force personnel and their dependents Amendment Issued. --- PERSONAL AND ADMINISTRATIVE REFORMS (PER&R) DEPARTMENT. G.O.Ms.No.134 Dated 19.3.199 Read: 1. G.O.Ms.No.188, Personnel and Administrative Reforms (per.p) Department, dated 28.12.1976. 2.G.O.Ms.No.1196, public (Ex.servicemen) Department, dated 4.8.1988. 3. From the Director of Employment and Training, Madras letter No.Pa.Pa.1/63627/88, dated 1.9.1989. --- ORDER: In the Government Order second read above Government have issued orders extending all concessions that are given to the dependents of war casualties to the dependents of casualties. Indian peace keeping Force Operations. THE Departments of Secretariat were also requested to take action on the subjects with which they are concerned to extend the concessions granted to the personnel wounded or disabled and to the dependents of wounded defence personnel of Indian peace keeping force on the basis that are allowed to the war casualties of 1962, 1965.

(2.) THE Director of Employment and Training has reported that the Government have already extended "priority" concession in the matter of employment generally to those disabled and dependents of those killed/disabled personnel while performing duties in aid to civil power. THErefore, the "priority" concern in the matter of employment is available also to the Indian peace Keeping Force personnel disabled/killed in action. He has however suggested that specific mention may be made in the list of priority categories so that the disabled and the dependents of Indian peace keeping Force personnel will not be omitted by the Employment Exchanges while sponsoring the names to the employers against the vacancies reserved for priority categories. He has accordingly suggested suitable modification to the currant list of priority categories contained in G.O.Ms.No.188, Personnel and Administrative Reforms (Per.R) Department, dated 28.12.1976 for recruitment through Employment Exchanges by adding the words 'Indian Peace Keeping Force Personnel" at appropriate places.

(3.) HENCE, suffice it to direct the Government to take appropriate decision in the matter and give suitable direction not only to the Employment Exchanges, but also to the Registrar of Cooperative Societies, for extending such right of priority to the dependents of soldiers, who are serving in the defence, in the matter of employment in the Cooperative Societies and Banks also, at the earliest possible, in any event, within six months from the date of receipt of a copy of this order. If any such positive decision is taken in this regard, the same shall be extended to the petitioner. With the above observations, the writ petition is disposed of. No costs. Consequently, WPMP.Nos.9747 and 9748 of 2003 are closed.