K AMSAVENI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE two petitioners are employees of Dharapuram Agricultural Producers' Co-operative Marketing Society and Perundurai Agricultural Producers' Cooperative Marketing Society. Both the petitioners have come forward to challenge the Government Order in G. O. (Rt ). No. 137, Cooperation, Food and Consumer Protection Department dated 17. 07. 2008. Insofar as in the said G. O. , it directs the consideration of filling up of the vacancies in various District and Central Cooperative Banks to the extent of 50% with the qualified candidates drawn from various Primary Agricultural Cooperative Bank for the purpose of filling up those posts. There was no necessity to conduct any written test and they have to follow earlier guidelines of G. O. (Rt ). No. 249, Cooperation dated 31. 10. 2006. By the said requirement excepting the Chennai Central Cooperative Bank in the other District Central Cooperative Banks those posts were to be filled up.

(2.) IN the same order, there were six directions which were given while considering such candidates. They are as follows:-

(3.) THE petitioners were aggrieved by the reservation of 50% of vacancy exclusively to employees of Primary Agricultural Cooperative Banks (PACBs ). Their contention is that the said reservation not only deprives other employees engaged is other than PACBs and the said direction is in direct conflict to Rule 149 (2) of the Tamil Nadu Cooperative Societies Act. According to the petitioners, Proviso to Rule 149 (2) grants permission to any society to fill up vacancies by direct recruitment. For candidate to be appointed compassionate ground, absorption of surplus employees from other cooperative society, posts for which Recruitment Bureau has been constituted under Section 74 of the Act or in respect of which a common cadre of service has been constituted under Section 75 of the Act these provisions will apply.