WP(MD)/16129/2026 of A.Niranjana Devi Vs The Joint Registrar on 6 October 2026

ORDER

The petitioner was appointed as Assistant in the 1st respondent society on 26.02.2021. The Administrator of the society, based on the resolution passed in the society dated 14.09.2023 and the circular issued by the Registrar has re-designated the petitioner as the Secretary and that was also approved by the Deputy Registrar on 15.09.2023. Now the petitioner has been reverted to the post of Assistant by the Deputy Registrar by his proceedings dated 13.03.2026 and the same is impugned in this writ petition.

2. The learned senior counsel appearing for the petitioner submits that the petitioner has been re-designated as Secretary. The Registrar by his proceedings in Na.Ka.No.93630/2015/VA(1)(1), dated 08.11.2018 has passed an order based on the recommendation of the committee for re-designation and for revision of scale of pay of the employees of the co- operative societies, granting permission for re-designation of the permanent employee working in the society as Secretary, irrespective of his designation, if it is a single employee society. Based on this orders of the Registrar, a resolution has been passed in the society and the petitioner has been re-designated as Secretary of the society, which has also been approved by the Deputy Registrar of the society by his proceedings dated 15.09.2023.

3. The learned senior counsel further submits that the petitioner has been re-designated by following the procedure, she has been serving as Secretary and she has also been given benefits in the promoted post as Secretary. While so the impugned order has been passed reverting the petitioner as Assistant, without any reasoning and on an erroneous assumption regarding the effect of the Common Cadre Rules and without even conducting an enquiry or passing any resolution and without providing opportunity to this petitioner, therefore, the impugned order is liable to be set aside. The learned senior counsel in support of his contention, has relied on the decision of the Hon'ble Supreme Court in Union of India and Another Vs Narendra Singh [(2008) 2 SCC 750] and State of Madhya Pradesh and ors Vs. Yogendra Shrivastava [(2010) 12 SCC 538].

4. The learned Special Government Pleader appearing for the 1st and 2nd respondents and the learned counsel appearing for the 3rd respondent submit that the petitioner, who was appointed as an Assistant in the year 2021 has completed his probation only on 04.03.2023. Immediately she has been promoted as Secretary of the society and the scale of the petitioner has been revised from Rs.20,000/- to Rs.84,000/-. The Tamil Nadu Employees Co-Operative Thrift and Credit Societies Common Cadre Service Rules, 2024 [in short the Rules] was notified by the government on 21.02.2024. As per the notification, the Secretary of the Society / common cadre employee post can be filled up as per Rule 7 of the Rules and the salary and other benefits are permissible as per Rule 8 of Rules. However, without considering these provisions of the Rules, 2024, the petitioner has been promoted as Secretary of the society based on a resolution and recommendation has been made by the Administrator of the Society based on this resolution. Therefore, according to the learned Special Government Pleader, the promotion of this petitioner as Secretary is without an authority and it is illegal, void ab initio and it has been rectified by the Joint Registrar by this impugned order to this writ petition.

5. The learned counsel further submit that the petitioner is not eligible for appointment in the cadre as Secretary and the appointment if any made as against the Rules is liable to be reversed. Since the petitioner has been paid in excess than the eligible pay, by the order impugned in this writ petition, recovery of the same has also been ordered. They have also relied on the orders of the Hon'ble Supreme Court in Maharaja Chintamani Saran Nath Shahdeo Vs State of Bihar, 1999 (8) SCC 17].

6. This court has considered the rival submissions made.

7. The petitioner was appointed as an Assistant in the year 2021 in the 3rd respondent society. Admittedly, the 3rd respondent society is a single employee society. There was a proceedings issued by the Registrar in the year 2018 issuing certain guidelines for re-designation and with regard to the payment of emoluments to the employees working in the co- operative societies. The relevant portion of the the proceedings in Na.Ka.No.93630/2025/VAa(1)(circular of the year dated 08.11.2018 is extracted as under: உ "2.உ) ஒற்றைப் பணியாளராக பணியாளர் கூட்டுறவுச் சங்கங்களில் செயலாளர் பொ றுப்பில் பணிபுரியும் பணியாளர்களுக்கு, அவர்கள் அச்சங்கத்தின் நிரந்தரப் பணியாளராக இருக்கும்பட்சத்தில், அவர் எந்த பதவிப் பெயரில் பணிபுரிந்தாலும், அவர் வகித்து வரும் பதவியை செயலாளர் என பதவிப் பெயர் மாற்றம் (redesignation of post) செய்ய அனுமதிக்கப்படுகிறது.”

8. It appears that following this proceedings, a resolution has been passed in the society re-designating the post of the Assistant as Secretary. Based on this resolution, a proposal has been made by the Administrator of the Society on 14.09.2023 and the same has been approved by the Deputy Registrar in Na.Ka.No.3387 of 2023, dated 15.09.2023. A consequential order has also been passed promoting this petitioner as the Secretary of the Society by the Administrator with effect from 01.03.2024. In these circumstances, the Joint Registrar has passed the above order reverting the petitioner from the post of Secretary to the post of Assistant. This order has been passed in accordance with the Rule Nos. 7 and 8 of the Rules.

9. The post of Secretary falls under the Tamil Nadu Employees Co- Operative Thrift and Credit Societies Common Cadre Service Rules, 2024. Rules 7 and 8 of the Rules are extracted hereunder : “7. Filling up of Common Cadre Post. (1) The post of Common Cadre shall be filled up by promotion from the feeder post, which is immediately below the post of Secretary in the respective class of Employees Co- operative Thrift and Credit Societies. Appointment to the post of Common Cadre by promotion shall be made from the feeder post, by the Common Cadre Authority on the basis of merit, service rendered and efficiency test conducted in an interview for this purpose.

(2) The Common Cadre Authority shall determine with the approval of Registrar, the requirement of education, age, experience, etc., for promotion to the Common Cadre post.

8. Salary, Allowance and Service Benefits. The scales of pay, allowances and other service benefits of Common Cadre Employees shall be decided by the Registrar from time to time. Till such time, the Common Cadre Employees will draw the pay and allowances as they presently draw.”

10. These Rules were notified with effect from 21.02.2024. It appears that this petitioner has been recommended as the Secretary of the Society based on the circulars and orders, which were applicable at the relevant point of time and it has also been approved by the Deputy Registrar by his proceedings dated 15.09.2023. Admittedly, the petitioner has been reversed based on the Tamil Nadu Employees Co-Operative Thrift and Credit Societies Common Cadre Service Rules, 2024. The Hon'ble Supreme Court in Union of India and Another Vs Narendra Singh [(2008) 2 SCC 750] has held as under: “ 32.True it is that before such an action is taken and a person is actually reverted, he must be given an opportunity to show cause why the proposed action should not be taken. He may be able to satisfy the Authorities that there was no such mistake. But even otherwise, principles of natural justice and fair play require giving of such opportunity to him. But as observed earlier, in the instance case, in accordance with Rule 31-A of the Fundamental Rules, notice was issued to the respondent- employee, explanation was sought and thereafter the order was passed. The said order, in our considered view, was just, proper and in consonance with law and it ought not to have been set aside by the Tribunal or by the High Court. To that extent, therefore, the orders impugned in this appeal deserve to be set aside.”

11. The petitioner has been promoted as Secretary based on the existing guidelines in the year 2023 based on the recommendation of the Administrator. It has also been approved by the Deputy Registrar. Applying the above ratio laid down by the Hon'ble Supreme Court, this writ petition is allowed by setting aside the impugned order on the ground that it has been passed without providing an opportunity to the petitioner. This court while entertaining this writ petition has not granted any interim relief to this petitioner. The petitioner by the order impugned herein has already been reverted. This order is passed on the ground of violation of principles of natural justice. The respondents shall provide an opportunity of hearing to the petitioner and pass a reasoned order within a period of twelve weeks from the date of receipt of a copy of this order. Status quo has to be maintained till then. No costs. Consequently connected miscellaneous petitions are closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DSK To

1. The Joint Registrar, Common Cadre Authority, Tiruchirappalli Zone, Trichy - 01.

2. The Deputy Registrar of Co-operative Society, Tiruchirappalli Zone, Trichy.

3. Sub Registrar of Co-operative Society / Administrator, R.501 Tiruchirappalli District Revenue Employees Co-operative Thrift and Credit Society Ltd., Tiruchirapalli - 01.

B.PUGALENDHI, J. DSK WP(MD) No. 16129 of 2026 06-10-2026