V.ARIVEL NEDUNCHELIAN Vs. SECRETARY

JUDGEMENT

(1.) Challenging the impugned order passed by the 2nd respondent herein in his Proceedings in R.C.51548/2014 B1-1 dated 12.07.2014 and quash the same as illegal with a further direction, directing the 2nd and 5th respondents herein to fix the petitioner's scale of pay w.e.f. 03-04-1997, the date on when the petitioner entered into the service of the 5th respondent society with all financial benefits within a time stipulated by this Court.

(2.) Learned Counsel appearing for the petitioner submitted that the petitioner was initially appointed as Clerk through Employment Exchange on 23.4.1979 in 01616 Palayamkottai Co- operative Milk Supply Society Limited. As such, while he was working as Clerk till 02.04.1997, he applied for appointment in the 5th respondent Society on 26.03.1997 and also attended interview on 31.03.1997 and on the very same day, he was appointed as Secretary in the 5th respondent Society. As he was already working in 01616 Palayamkottai Co-operative Milk Supply Society Limited, he was relieved by order passed by the Secretary and joined as Secretary in the 5th respondent Society on 03.04.1997 at 44 years. Since the 5th respondent society was a newly formed one, considering his 18 years of service rendered in 01616 Palayamkottai Co-operative Milk Supply Society Limited, he was observed and appointed in the post of Secretary of the 5th respondent Society. Therefore, he sought the benefit of the time scale of pay as per G.O.No.89, Co-operation Food and Consumer Protection Department dated 16.5.2000 w.e.f. 03.04.1997 i.e. from the date of his joining in the 5th respondent Society on the ground that he got exemption from appointment through Employment Exchange and also got exemption at entry in age limit as per Special by laws 4(1) and 5(ii). Moreover his appointment was as per special by laws and regular and does not require regularisation by Government. Further, even when he was appointed as Clerk through Employment Exchange in 01616 Palayamkottai Co- operative Milk Supply Society Limited, he was having all the requisite qualification and also Diploma in Co-operative Training.

(3.) The learned Counsel for the petitioner further referring to the By Law 2.4(ii) of the 5 th respondent states that no appointment by direct recruitment to any post shall be made except through Employment Exchange by way of notifying the vacancies decided to the concerned Employment Exchange (compulsory notification of vacancy) rules, provided that these restrictions shall not apply to appointment of any staff whose services have been lent by Government or taken on deputation from other institutions or recruited from services of another co-operative institution. Therefore, according to the learned Counsel for the petitioner, when the 5th respondent has accepted the eligibility and competency of the petitioner for being appointed as a Secretary, instead of giving the benefit of the time scale of pay from the date of entry into service in the 5th respondent Society, namely, 03.04.1997, they have wrongly given the benefit of the time scale of pay only from 01.08.2008 without any basis and arbitrarily. Hence, fixing a cut off date, namely, 01.08.2008 to grant time scale of pay to the petitioner is wholly unjustifiable and untenable. If the 5th respondent has not chosen the petitioner while he was serving as Clerk in 01616 Palayamkottai Co-operative Milk Supply Society Limited, he would have definitely in the said society and also retired from service with all the service benefits. Therefore, having given the benefit of the time scale of pay w.e.f. 01.08.2008 without any basis, direction be given to grant the same from the date of entry into service i.e. w.e.f. 03.04.1997 to the petitioner, it is pleaded.