TAMIL NADU STATE PRIMARY AGRICULTURAL CO OPERATIVE BANK ALL EMPLOYEES ASSOCIATION Vs. JOIN REGISTER OF CO OP SOCIETIES TIRUNELVELI

JUDGEMENT

(1.) THE prayer made in this writ petition is to direct the respondents Viz., respondents 1 to 3 to comply with the relevant provisions of the Tamil Nadu Co-operative Societies Rules in appointing a person to the post of Secretary of the third respondent-bank. THE petitioner is an association of the employees of the Tamil Nadu State Primary Agricultural Co- operative Bank.

(2.) THE third respondent has filed counter. THE fourth respondent who was impleaded subsequently on his own petition has also filed counter.

(3.) THE respondent/bank in its counter has stated that the only employee of the petitioner, in respect of whom the petitioner has claimed that he is a person qualified for being appointed as Secretary, one Anandraj had applied for this post and that as he had not completed five years of service he wasn"t eligible for promotion under Rule 149(d) of the Tamil Nadu Co-operative Societies Act, 1983. It is stated by the third respondent bank that the said Anandraj had filed a petition before the Joint Registr ar of Co-operative Societies in respect of rejection of his application for the post of Secretary and that the Joint Director rejected the application on 29.11.1993 on the same ground on which the respondent bank had rejected the petition viz., that he had not completed five years service. In para 8 of the counter it is stated that of the two clerks who were in the employment of the bank one had been transferred to another Co- operative Bank and the remaining clerk was not qualified for the post of Secretary. THE third respondent has stated that in this background the bank had to select a person from among those sponsored by the employment exchange. At the time to the hearing, counsel for the respondent-bank also produced a letter issued by the Deputy Registrar of Co-operative Societies, who had permitted the bank to resort to direct recruitment in the manner done by it.