The Joint Registrar/Managing Director v. R Nandhagopalakrishnan
WA/3695/2025 · 2026-01-05
R Suresh Kumar, V Lakshminarayanan
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 76202 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 76202 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
WA No. 3695 of 2025 __________ p. 1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-01-2026 CORAM THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN WA No. 3695 of 2025 AND CMP NO. 30492 OF 2025 The Joint Registrar/Managing Director Cuddalore District Central Co-operative bank, Cuddalore. ..Appellant Vs
1. R Nandhagopalakrishnan No. 2/36, MIG, Anna Nagar, Cuddalore - 607001, Cuddalore. 2. The Government of Tamil Nadu Represented by the Principal Secretary To Government Co-operation, Food and Consumer Department, Fort St. George, Chennai-600 009. 3. The Registrar of Co operative Societies Chennai-600 010. 4. The President, Kattu Mannarkovil Primary Co operative And Rural Development Bank Kattumannarkovil, Cuddalore District ..Respondents Prayer : Writ Appeal to set aside the order in W.P No.13776/20 dated 29-10-2024. For Appellant : Ms.P.Charushree for Mr.J.Kamaraj For Respondents : Mr.J.C.Durairaj Additional Government Pleader for RR 2 to 4 https://www.mhc.tn.gov.in/judis
WA No. 3695 of 2025 __________ p. 2 Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This appeal has been directed against the order passed by the Writ Court dated 29.10.2024 in W.P.No.13776 of 2020. 2. The first respondent was having the qualification of M.A.Degree with Diploma in Cooperation and Computer Programming. With that qualification, he was appointed on temporary basis on 01.07.2000 at the fourth respondent bank as Supervisor. He was made permanent by order dated 01.02.2001. For better appreciation, the order dated 01.02.2001 is extracted hereunder. fhl;Lkd;dhhh;nfhapy; Tl;Lwt[ bjhlf;f ntshz;ik kw;Wk; Cuf tsh;r;rp t';fp jiyth; mth;fspd; bray;Kiw Miz. Kd;dpiy : jpU/Mh;/ee;jnfhghyfpUc&;zd; cs;Jiw nkw;ghh;itahsh; gzp epue;jugLj;jp Mizaplg;gLfpwJ. t';fpapy; 1/7/2000 Kjy; jpdf;Typ mog;gilapy; gzp g[hpe;J tUk; nkw;ghh;itahsh; jpU/Mh;/ee;jnfhghyfpUc&;zd; mth;fis 1/2/2001 Kjy ; gzp epue;juk ; bra;J 1/2/2001 Kjy; fhyKiw rk;gsk ; 1360-50-1560-60-1920-70-2340 vd;w Cjpa tpfpjj;jpy; eph;zak; bra;J Mizaplg;gLfpwJ/ ,ju gofs ; muR mYtyUf;F tH';fg;gLtJ nghd;W tH';f Mizaplg;gLfpwJ. jiyth; bgWeh; jpU/Mh;/ee;jnfhghyfpUc&;zd; nkw;ghh;itahsh; https://www.mhc.tn.gov.in/judis
WA No. 3695 of 2025 __________ p. 3 3. Thereafter, the first respondent had been continuously working as per the deputation / transfer policy. Several times the first respondent had been transferred from the fourth respondent bank and vice versa. Lastly, he had been deputed at the appellant bank.
During that period, there has been Government Order in G.O.(D) No.173, Cooperation, Food and Consumer Protection Department dated 31.07.2013, which provides for regularisation of such kind of staff on transfer or deputation, who had been working for more than three years in the transferred place or deputed place and they would be entitled to get permanent status or regularisation and accordingly many number of such employees like the first respondent had been considered under G.O(D) No.173 and had been regularised. 4. When that benefit had been conferred on similarly placed persons like the writ petitioner, that has not been extended to the first respondent / writ petitioner. Therefore, in order to get such benefit, when he had approached the appellant, his request had been turned down by passing an order dated 11.05.2020, whereby the reason stated by the appellant was that, since at the initial appointment the writ petitioner’s name was not sponsored by the employment exchange, he is not entitled to seek for such regularisation under G.O(D).No.173 dated 31.07.2013. 5. The said order passed by the appellant was under challenge before the Writ Court, where, apart from the ground that the writ petitioner’s name was not https://www.mhc.tn.gov.in/judis
WA No. 3695 of 2025 __________ p. 4 sponsored by the employment exchange at the time of initial appointment, yet another ground that he has not completed 480 days to seek for permanent status as per the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 was also raised by the appellant bank. 6. The said two grounds have been considered by the learned Writ Court and answered to state that, insofar as the non-sponsoring by the employment exchange is concerned, even by the order dated 01.02.2001 after having considering this aspect alone the fourth respondent has given regularisation order to the first respondent and a copy of the same has already been extracted herein above. 7.
Insofar as the second ground that he has not completed 480 days is concerned, it has been recorded in Para 11 of the order that, no evidence has been placed before the Writ Court to establish the contra fact that he has not completed the minimum working days under the provisions of 1981 Act. 8. The same position continues here also, as no such documents or evidence has been produced by the appellant to establish that as per the 1981 Act, the minimum working days have not been completed by the employee / first respondent. When that being so, that cannot be sustained, as has been rightly held by the learned Judge in the impugned order. Therefore, the two grounds which was https://www.mhc.tn.gov.in/judis
WA No. 3695 of 2025 __________ p. 5 alleged before the Writ Court since has been considered and rejected, of course rightly, we find no reason to interfere with the said view taken by the learned Judge. The writ appeal fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (V.L.N.,J.) 05-01-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KST To
1. The Principal Secretary To Government Co-operation, Food and Consumer Department, Fort St. George, Chennai-600 009. 2. The Registrar of Co operative Societies Chennai-600 010. 3. The President, Kattu Mannarkovil Primary Co operative And Rural Development Bank Kattumannarkovil, Cuddalore District https://www.mhc.tn.gov.in/judis
WA No. 3695 of 2025 __________ p. 6 R.SURESH KUMAR J. AND V.LAKSHMINARAYANAN J. KST WA No. 3695 of 2025 AND CMP NO. 30492 OF 2025 05-01-2026 https://www.mhc.tn.gov.in/judis