High Court · 2024
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W.A.No.2480 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 03.09.2024CORAM :THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICEandTHE HONOURABLE MR.JUSTICE P.B.BALAJIW.A.No.2480 of 2024 R.Kalaivani ... AppellantVs.1.The Additional Registrar/ Managing Director, Tamil Nadu Cooperative State Agricultural and Rural Development Bank Limited, 181, Luz Church Road, Mylapore, Chennai 600 004.2. The Special Officer, Tamil Nadu Co-operative State Agriculture, and Rural Development Bank Limited, 181, Luz Church Road, Mylapore, Chennai 600 004.... Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 07.09.2023 passed in W.P.No.26039 of 2023 and allow the writ petition.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 2024For Appellant: Mr.K.S.V.Prasad For Respondents: Mr.M.Habeeb Rahman, Government AdvocateJUDGMENT(Order of the Court was made by the Hon'ble Acting Chief Justice)The appellant/ writ petitioner has filed the present writ appeal, assailing the order passed by the learned Single Judge in W.P.No.26039 of 2023, dated 07.09.2023.2. The appellant joined as Office Assistant in the Tamil Nadu Cooperative State Agricultural and Rural Development Bank at Nagapattinam in the year 1995. She cleared 10th Standard (SSLC) in the year 1996 and thereafter, she obtained B.Com degree from the Annamalai University and after completing the decree course, she completed +2 course. According to the appellant, though similarly placed persons viz., W.Pushparani and N.Saiprabhavathy were promoted in the year 1999, she was not given promotion. As such, she had given a representation on 09.04.2009 to the respondents, but it was rejected on 22.07.2014, stating that the appellant has obtained graduation from the open university on Page 2 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 2024completion of his 10th standard, which is not in conformity with the directive, as set out in G.O.Ms.No.107, dated 18.08.2009. According to the appellant, G.O.Ms.No.107, dated 18.08.2009 will not apply to her case, Her another representation dated 04.12.2021 was rejected, vide order dated 03.03.2022, and the review petition No.5/2022 was also dismissed by the first respondent, vide order dated 22.05.2023. Hence, the appellant has filed the above writ petition seeking to quash the order dated 03.03.2022, but the learned Single Judge has dismissed the writ petition, which is impugned herein.3. The learned counsel for the appellant submitted that as per the amendment made in G.O.Ms.No.107, dated 18.08.2009 which was circulated by the Registrar of Cooperative Society, vide Na.Ka.No.77074/ 2013, dated 12.01.2017, the appellant is entitled to get promotion, however, the learned Judge without considering the above aspects has dismissed the writ petition.Page 3 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 20244. In the G.O.(MS) No.107, dated 18.08.2009, it was ordered as follows4. //// gs;sp ,Wjpj; njh;t[ (gj;jhk; tFg;g[) kw;Wk; gs;sp nky;epiyf; fy;tpj; njh;t[ (+2) Mfpaitfspy; njh;r;rp bgw;wgpd;. jpwe;jbtspg; gy;fiyf;fHf';fspd; tHpahfg; bgwg; gLk; gl;lak;-gl;lk;-KJfiyg; gl;l';fis kl;Lk; bghJg; gzpfspy; epakzk;-gjtp cah;t[ bgw m';fPfhpj;J MizapLfpwJ/As per the above government order, the degree of Arts and Science obtained from the Open University shall be considered for promotion, only if the candidate acquired such degree, after passing the X and XII Standard.5. Following the above government order, the Registrar of Cooperative Societies had issued instructions to its officials vide circular No.37/2009, dated 13.11.2009, wherein, it is instructed as follows.3. .... In other words, an individual having a degree obtained through distance education method from open universities/regular universities will not qualify for a post where degree is a necessary qualification unless he has studied in a regular school and passed 10th and 12 the class examination conducted by State Board/CBSE such other boards recognized by the Government to conduct such examination."Page 4 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 20246. Again, vide letter dated 12.01.2017, it was clarified by the Registrar as follows.gj;jp 3?y; thp 10?y; fhQqk; unless he has kw;Wk; passed vd;w brhw;bwhlh;fSf;F ,ilna tUk; "studied in a regular school and" vd;w brhw;bwhlh; ePf;fk; bra;ag;gLfpwJ.Tl;Lwt[r; r';f';fspy; cs;s gzpapl';fspy; neuo epakdkj;jpd;nghJ fy;tpj; jFjpia ghprPypf;Fk; nghJ nkw;brhd;d jpUj;jg;go eltof;if nkw;bfhs;SkhW mwpt[Wj; jg;gLfpwJ/As such, as per the above clarification, the circular issued on 13.11.2009, shall be read as follows.3. .... In other words, an individual having a degree obtained through distance education method from open universities/regular universities will not qualify for a post where degree is a necessary qualification unless he has passed 10th and 12th class examination conducted by State Board/CBSE such other boards recognized by the Government to conduct such examination."7. From the above, it is clear that the appellant has not satisfied the conditions as stipulated in the G.O.Ms.No.107, dated 18.08.2009. Further, as per the above said circulars issued by the Registrar of Co-operative Societies, only after passing the 10th and +2 course, the degree obtained through the open universities will qualify a person for promotion to a post, where degree is necessary qualification. In the case on hand, the appellant Page 5 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 2024has passed the +2 course, only after obtaining the degree from open university. Further, there is no amendment made to G.O.Ms.No.107, dated 18.08.2009 as stated by the appellant, whereas, amendment was made to the circular dated 13.11.2009, vide subsequent circular dated 12.01.2017. Therefore, the contention of the appellant that as per the circular issued by the Registrar of Cooperative Society, vide Na.Ka.No.77074/ 2013, dated 12.01.2017, the appellant is entitled to get promotion, cannot be accepted.8. More over, as rightly observed by the learned Single, the appellant has not challenged the earlier rejection order passed by the department dated 22.07.2014 on her claim for promotion. But, she made another representation seeking promotion and challenged the subsequent rejection order as well as the review order passed on another representation. Therefore, considering the grievance ventilated by the appellant from any angle, we are not inclined to entertain this appeal, as it has no merits.Page 6 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 20249. Accordingly, this writ appeal is dismissed. There shall be no order as to costs. (D.K.K., A.CJ.) (P.B.B.J.) 03.09.2024Internet: Yes/NoIndex : Yes/No mstTo1.The Additional Registrar/ Managing Director, Tamil Nadu Cooperative State Agricultural and Rural Development Bank Limited, 181, Luz Church Road, Mylapore, Chennai 600 004.2. The Special Officer, Tamil Nadu Co-operative State Agriculture, and Rural Development Bank Limited, 181, Luz Church Road, Mylapore, Chennai 600 004.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 2024 THE HON'BLE ACTING CHIEF JUSTICE andP.B.BALAJI , J. mstW.A.No.2480 of 2024 03.09.2024Page 8 of 8
W.A.No.2480 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 03.09.2024CORAM :THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICEandTHE HONOURABLE MR.JUSTICE P.B.BALAJIW.A.No.2480 of 2024 R.Kalaivani ... AppellantVs.1.The Additional Registrar/ Managing Director, Tamil Nadu Cooperative State Agricultural and Rural Development Bank Limited, 181, Luz Church Road, Mylapore, Chennai 600 004.2. The Special Officer, Tamil Nadu Co-operative State Agriculture, and Rural Development Bank Limited, 181, Luz Church Road, Mylapore, Chennai 600 004.... Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 07.09.2023 passed in W.P.No.26039 of 2023 and allow the writ petition.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 2024For Appellant: Mr.K.S.V.Prasad For Respondents: Mr.M.Habeeb Rahman, Government AdvocateJUDGMENT(Order of the Court was made by the Hon'ble Acting Chief Justice)The appellant/ writ petitioner has filed the present writ appeal, assailing the order passed by the learned Single Judge in W.P.No.26039 of 2023, dated 07.09.2023.2. The appellant joined as Office Assistant in the Tamil Nadu Cooperative State Agricultural and Rural Development Bank at Nagapattinam in the year 1995. She cleared 10th Standard (SSLC) in the year 1996 and thereafter, she obtained B.Com degree from the Annamalai University and after completing the decree course, she completed +2 course. According to the appellant, though similarly placed persons viz., W.Pushparani and N.Saiprabhavathy were promoted in the year 1999, she was not given promotion. As such, she had given a representation on 09.04.2009 to the respondents, but it was rejected on 22.07.2014, stating that the appellant has obtained graduation from the open university on Page 2 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 2024completion of his 10th standard, which is not in conformity with the directive, as set out in G.O.Ms.No.107, dated 18.08.2009. According to the appellant, G.O.Ms.No.107, dated 18.08.2009 will not apply to her case, Her another representation dated 04.12.2021 was rejected, vide order dated 03.03.2022, and the review petition No.5/2022 was also dismissed by the first respondent, vide order dated 22.05.2023. Hence, the appellant has filed the above writ petition seeking to quash the order dated 03.03.2022, but the learned Single Judge has dismissed the writ petition, which is impugned herein.3. The learned counsel for the appellant submitted that as per the amendment made in G.O.Ms.No.107, dated 18.08.2009 which was circulated by the Registrar of Cooperative Society, vide Na.Ka.No.77074/ 2013, dated 12.01.2017, the appellant is entitled to get promotion, however, the learned Judge without considering the above aspects has dismissed the writ petition.Page 3 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 20244. In the G.O.(MS) No.107, dated 18.08.2009, it was ordered as follows4. //// gs;sp ,Wjpj; njh;t[ (gj;jhk; tFg;g[) kw;Wk; gs;sp nky;epiyf; fy;tpj; njh;t[ (+2) Mfpaitfspy; njh;r;rp bgw;wgpd;. jpwe;jbtspg; gy;fiyf;fHf';fspd; tHpahfg; bgwg; gLk; gl;lak;-gl;lk;-KJfiyg; gl;l';fis kl;Lk; bghJg; gzpfspy; epakzk;-gjtp cah;t[ bgw m';fPfhpj;J MizapLfpwJ/As per the above government order, the degree of Arts and Science obtained from the Open University shall be considered for promotion, only if the candidate acquired such degree, after passing the X and XII Standard.5. Following the above government order, the Registrar of Cooperative Societies had issued instructions to its officials vide circular No.37/2009, dated 13.11.2009, wherein, it is instructed as follows.3. .... In other words, an individual having a degree obtained through distance education method from open universities/regular universities will not qualify for a post where degree is a necessary qualification unless he has studied in a regular school and passed 10th and 12 the class examination conducted by State Board/CBSE such other boards recognized by the Government to conduct such examination."Page 4 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 20246. Again, vide letter dated 12.01.2017, it was clarified by the Registrar as follows.gj;jp 3?y; thp 10?y; fhQqk; unless he has kw;Wk; passed vd;w brhw;bwhlh;fSf;F ,ilna tUk; "studied in a regular school and" vd;w brhw;bwhlh; ePf;fk; bra;ag;gLfpwJ.Tl;Lwt[r; r';f';fspy; cs;s gzpapl';fspy; neuo epakdkj;jpd;nghJ fy;tpj; jFjpia ghprPypf;Fk; nghJ nkw;brhd;d jpUj;jg;go eltof;if nkw;bfhs;SkhW mwpt[Wj; jg;gLfpwJ/As such, as per the above clarification, the circular issued on 13.11.2009, shall be read as follows.3. .... In other words, an individual having a degree obtained through distance education method from open universities/regular universities will not qualify for a post where degree is a necessary qualification unless he has passed 10th and 12th class examination conducted by State Board/CBSE such other boards recognized by the Government to conduct such examination."7. From the above, it is clear that the appellant has not satisfied the conditions as stipulated in the G.O.Ms.No.107, dated 18.08.2009. Further, as per the above said circulars issued by the Registrar of Co-operative Societies, only after passing the 10th and +2 course, the degree obtained through the open universities will qualify a person for promotion to a post, where degree is necessary qualification. In the case on hand, the appellant Page 5 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 2024has passed the +2 course, only after obtaining the degree from open university. Further, there is no amendment made to G.O.Ms.No.107, dated 18.08.2009 as stated by the appellant, whereas, amendment was made to the circular dated 13.11.2009, vide subsequent circular dated 12.01.2017. Therefore, the contention of the appellant that as per the circular issued by the Registrar of Cooperative Society, vide Na.Ka.No.77074/ 2013, dated 12.01.2017, the appellant is entitled to get promotion, cannot be accepted.8. More over, as rightly observed by the learned Single, the appellant has not challenged the earlier rejection order passed by the department dated 22.07.2014 on her claim for promotion. But, she made another representation seeking promotion and challenged the subsequent rejection order as well as the review order passed on another representation. Therefore, considering the grievance ventilated by the appellant from any angle, we are not inclined to entertain this appeal, as it has no merits.Page 6 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 20249. Accordingly, this writ appeal is dismissed. There shall be no order as to costs. (D.K.K., A.CJ.) (P.B.B.J.) 03.09.2024Internet: Yes/NoIndex : Yes/No mstTo1.The Additional Registrar/ Managing Director, Tamil Nadu Cooperative State Agricultural and Rural Development Bank Limited, 181, Luz Church Road, Mylapore, Chennai 600 004.2. The Special Officer, Tamil Nadu Co-operative State Agriculture, and Rural Development Bank Limited, 181, Luz Church Road, Mylapore, Chennai 600 004.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.A.No.2480 of 2024 THE HON'BLE ACTING CHIEF JUSTICE andP.B.BALAJI , J. mstW.A.No.2480 of 2024 03.09.2024Page 8 of 8