WA/953/2007 of The Chairman/Person-in-charge, Vs V. Vishnu Murthy, on 24 December 2007

THE HON’BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE

AND

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN

WRIT APPEAL NO.953 OF 2007

Dated 24[th] December, 2007

Between:

The Chairman/Person-in-charge,

Primary Agricultural Cooperative Society ….Appellant

And

V.Vishnu Murthy and four others …Respondents THE HON’BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICEAND

THE HON'BLE SRI JUSTICE RAMESH RANGANATHANWRIT APPEAL NO.953 OF 2007

J U D G M E N T(Per Hon’ble Sri Bilal Nazki, the Acting Chief Justice):

Heard learned counsel for the parties.

This writ appeal has been filed against the order dated 05-09-2007 passed by the learned Single Judge in WPMP No.199 of 2007 in W.P.No.27206 of 2006, whereby theappellant/respondent No.5 was directed to take the respondent No.1/writ petitioner on duty forthwith, unless there was any legal obstructionin its way.

An order was passed in favour of the writ petitioner, respondentNo.1 in this writ appeal, on 15-10-2001 by the Joint Registrar/DistrictCooperative Officer and according to this order, the writ petitioner waseligible to draw his salary from the date of acceptance of his joiningreport by the Chairman of the Society. This order was notimplemented by the appellant. Thereafter, the appellant filed a writpetition in this Court being W.P.

No.23776 of 2001 and that was disposed of by this Court on 07-01-2003 with liberty to the petitioner therein to avail the remedy ofrevision before the appropriate authority. Aggrieved by this order, thepetitioner in W.P.No.23776 of 2001 filed an appeal being W.A.No.755

of 2003, which was dismissed by this Court on 17-06-2003 observingthat there were no grounds to interfere with the order passed by thelearned Single Judge. Since the order dated 15-10-2001 was not implemented, the present writ petition beingW.P.No.27206 of 2006 is filed.

The defence taken by the appellant was that when this Courtdisposed of the writ petition in W.P.No.23776 of 2001 on 07-01-2003granting liberty to file a revision, revision was already pending and it isstill pending with the Registrar of Cooperative Societies. The learnedSingle Judge did not agree with this submission, prima facie, andpassed an order dated 05-09-2007 in the WPMP as statedhereinabove.

The learned counsel for the appellant has not been able toproduce any evidence before us that any revision was filed against theorder dated 15-10-2001 and that such a revision was pending. Hewas not even able to tell us the number of the revision or any datefixed in the revision. He only relied on an order dated 06-12-2001, which according to the appellant was an order in therevision. Even if it is accepted that this order was an order in therevision, there is nothing to show that this revision is still pending. However, on perusal of this order, we are convinced that this is not anorder passed in any revision. It is numbered as a memo and referencehas included a representation of one Sri G.Bal Reddy and it appearsthat the order has been passed on administrative side by the Registrarof Cooperative Societies through this memo on a representation by SriG.Bal Reddy, who filed the earlier writ petition. Therefore, in our view,prima facie, no revision is pending and admittedly no revision was filedafter the order in W.P.

No.23776 of 2001. Therefore, the order passed by the learned SingleJudge, which is challenged in this writ appeal, cannot be faulted with.

The writ appeal is accordingly dismissed. No order as to costs.

___________________________Bilal Nazki, ACJDated 24[th] December, 2007

____________________________

Ramesh Ranganathan,J

vrn