S RAJAKANI Vs. SPECIAL OFFICER, NILGIRIS DISTRICT PLANTATION WORKERS CO-OPERATIVE THRIFT AND CREDIT SOCIETY LTD

JUDGEMENT

(1.) This order shall govern all the above writ petitions, whereby all the petitioners challenge an order of the first respondent made in Tha. The 4/2002/sa. Pa. , dated 24.12.2002.

(2.) The affidavits filed in support of the writ petitions are perused. The court heard the learned counsel on either side.

(3.) Concededly, the petitioners in all these petitions, who were working as Jewel Appraisers in different branches of Co-operative Society, Nilgiris District, were promoted as Clerks in the year 1999 by the President of the Society. After the resolution of the Board, the Special Officer was appointed. He brought to the notice of the Joint Registrar that these promotions were illegal. On the strength of the report, an inspection was made by the Joint Registrar and following the inspection made by the Joint Registrar, he issued a direction to the respondents to take necessary steps to recover the excess salary paid to the petitioners, since in his opinion, all the promotions were irregular and illegal. Accordingly, the first respondent has passed an order that the respective sums have got to be recovered from the petitioners, alleging that they were drawing salary in excess by way of an irregular and illegal promotions. The Special Officer issued a show cause notice on 3.5.2002 for the recovery of the excess amount and also asked as to why they should not be reverted from the post of Clerk to the original post of Jewel Appraiser. The petitioners have put forth their explanations on 13.5.2002. In the meanwhile, the first respondent has passed the final order under Sec.87 of the Tamil Nadu Co-operative Societies Act, 1983 on 24.12.2002 and under these circumstances, these writ petitions have arisen before this court.