K SELVAN Vs. PRESIDENT THIRUPARAMKUNDRAM COOPERATIVE PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED

JUDGEMENT

(1.) HEARD R. Muthukumar, the learned counsel appearing for the petitioner as well as Mr. P. Srinivasan, the learned counsel appearing for the first respondent and Ms. D. Geetha, the learned Additional Government Pleader appearing for the second respondent.

(2.) THE petitioner has stated that he was appointed as a clerk in the first respondent Bank on a fixed pay of Rs.1,800/- per month, by an order of the first respondent, dated 1.2.1997. In the year 1998, the petitioner was deputed for cooperative training for one year. After completion of the training, the petitioner's service was confirmed in the post of Supervisor, by an order, dated 27.9.1999. However, in the month of January, 2000, the petitioner was removed from service by an order of the first respondent, dated 28.1.2000.

(3.) IT has been further stated that when the vacancy arises in the approved cadre strength, it should be filled up only with the prior permission of the Registrar and by following the provisions of law applicable to such appointment. Rule 149 of the Tamil Nadu Cooperative societies Act, 1988, prescribes some of the conditions to be followed, while making appointments to the posts in the cooperative Institutions. One of the conditions prescribed is that the candidate should be appointed through the employment exchange. Such a condition has not been followed in the present case as the petitioner has been appointed without following such a procedure established by law. In fact, the petitioner had been appointed in a non-existing post. When the irregularity in the appointment of the petitioner had been brought to the knowledge of the Department, an inspection under Section 82 of the Tamil Nadu Cooperative Societies Act, 1983, had been ordered. IT was found that the Board of the Management of the first respondent Bank had violated the norms laid down for making such appointment. Therefore, the Deputy Registrar of Cooperative Societies, Madurai, had initiated the proceedings, under Sections 87 and 88 of the Tamil Nadu Cooperative Societies Act, 1983, against those, who had violated the rules and the law while making such appointments.