WP/24878/2024 of S.MANIKANDAN Vs THE REGISTRAR OF CO-OPERATIVE SOCIETIES on 12 October 2026

Order

The present writ petition has been filed challenging the impugned order dated 28.06.2024 passed by the third respondent in his proceedings in Na.Ka.No.5255/2023/Nu.koo and for a consequential directions.

2. The learned counsel for the petitioner would submit that the petitioner's father died on 06.12.2022 while in service. Immediately after his death, the petitioner has submitted an application for compassionate appointment on 01.04.2024. However, the said application was rejected on the ground that the petitioner's father's appointment was contrary to the bylaws and

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2026:MHC:4219 WP No. 24878 of 2024

also over and above the sanctioned strength, therefore, he cannot be construed as an employee of the respondent-society.

3. It is the contention of the petitioner that having served for more than 20 years, such rejection order is contrary to the factual position and that the petitioner’s father was provided with a time scale of pay. Therefore, the rejection order on the ground that he was not regularised, is liable to be interfered with.

4. Per contra, the said contention was stoutly opposed by the learned Government Advocate appearing for the respondents 1 to 3 and would contend that the petitioner's father was appointed without being sponsored by the Employment Exchange and he joined as a Packer on temporary and daily wage basis for Rs.150/- per month vide Special Officer Resolution No.79 dated 11.09.1992. It is also the contention of the learned Government Advocate that the engagement of the petitioner’s father without a reference to the Employment Exchange was in violation of Rule 149 of the Tamil Nadu Co-operative Societies Rules, 1988. Therefore, the learned Government Advocate submitted that since the petitioner’s father was not recruited through the Employment Exchange and not within the cadre strength, his appointment will become illegal. Therefore, consideration of the petitioner's application for compassionate appointment is contrary to law, hence prayed for dismissal of the writ petition.

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5. I have given my anxious consideration to the submissions made on either side.

6. The point to be considered is, whether the rejection of the petitioner’s application, on the ground that the petitioner's father was not regularised, is in accordance with law. Before we dealt with the merits of the matter, this Court would like to mention that any compassionate appointment is an exception to the public employment. Whenever an application for compassionate appointment is received, there is a duty cast upon the authority concerned to consider the same in strict adherence to the existing guidelines. In the case on hand, the rejection of the petitioner is not on the ground that the petitioner has not fulfilled the conditions stipulated under the guidelines for compassionate appointment. On the other hand, they have disputed the very employment of the petitioner's father.

7. According to the respondents, the appointment was irregular appointment and such appointment has not been regularised. However, while perusing the counter statement, it has been clearly admitted by the respondent that the petitioner’s father was appointed by virtue of Special Officer Resolution No.79 on 11.09.1992. Though it was contended by the respondents that the petitioner’s father was employed on daily wage basis at Rs.150/- per month, the learned counsel for the petitioner invites the attention of this Court in respect of

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Pay Certificate issued by the Secretary/fifth respondent on 16.09.2022. For ready reference, a scanned image of the pay certificate is reproduced hereunder:

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2026:MHC:4219 WP No. 24878 of 2024

8. On perusal of the above Pay Certificate, it is amply clear that the petitioner’s father was not treated as a daily wage employee, whereas he was treated as a regular employee and he was provided with a time scale of pay and all other allowances, such as Dearness Allowance, Housing Rent Allowance, etc. Therefore, this Court is of the firm view that the rejection order dated 28.06.2024, on the ground that the appointment of the petitioner’s father was irregular, is fallacious and egregious, since he had served in the respondent- society for more than two decades. The petitioner’s father was also provided with all allowances, such as PF and EPS, which clearly demonstrate that he was a regular employee. Therefore, this Court finds all justification to interfere with the impugned order dated 28.06.2024.

9. In view of the above, the impugned order dated 28.06.2024 passed by the third respondent in his proceedings in Na.Ka.No.5255/2023/Nu.koo is set aside and the matter is remitted back to the respondents for fresh consideration of petitioner’s compassionate appointment application dated 01.04.2024 with applicable guidelines. The above said exercise should be completed within a period of eight weeks from the date of receipt of a copy of this order.

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10. Accordingly, the writ petition is allowed. No costs. Consequently, the connected miscellaneous petition is closed. 12-10-2026 Index: Yes Speaking order Neutral Citation: Yes RSI To

1. The Registrar of Co-operative Societies, Dr. Radhakrishnan Nagar, SBI Officers, Arumbakkam, Chennai – 106.

2. The Joint Registrar, O/o. Joint Registrar Co-operative Societies, Dharmapuri District, Dharmapuri.

3. The Deputy Registrar, O/o.Deputy Registrar Co-operative Societies, Dharmapuri District, Dharmapuri.

4. The Special Officer, S.951 Chinnampalli Primary Agriculture Co-operative Credit Society, Chinnampalli, Perumpalai Via, Pennagaram Taluk, Dharmapuri District.

5. The Secretary, S.951 Chinnampalli Primary Agriculture Co-opertive Credit Society, Chinnampalli, Perumpalai Via, Pennagaram Taluk, Dharmapuri District.

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C.KUMARAPPAN J. RSI WP No. 24878 of 2024 AND WMP NO. 37486 OF 2025 12-10-2026

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