M.Mahalingam v. The Registrar Of Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.06.2025
CORAM
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN N.Mahalingam ...petitioner Vs
1. The Registrar of Co-operative Societies, 170, NVM Maaligai, E.V.R. High Road, Kilpauk, Chennai 600 010.
2. The Joint Registrar of Co-operative Societies, Erode Region, Mohan Kumaramangalam Street, Surampatti, Erode 638 006.
3. The Deputy Registrar of Co-operative Societies, Gobi Circle, 7, Parvathi Nagar, Gobichettipalayam-638 476,Erode District.
4. Bannariamman Sugars Employees'
Co-operative Store Ltd., rep by its Administrator, Alathukombai - 638 401, Sathyamangalam, Erode District.
... Respondents 1/6
Prayer: Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents 1 to 3 to issue further direction to settle the service benefits of the petitioner after reworking out the Revised Scale of pay with effect from 01.04.2016 in compliance with the proceedings in Na.Ka.No.583/2015/Nu.Ku.Pa.1 dated 07.02.2017 and Na.Ka.No.526/2022/Vi.Sa. Dated 21.04.2022 issued by the respondents 1 and 2 respectively by considering petitioner's representation dated 13.10.2023, 18.12.2023, 22.01.2024, 18.04.2024 and 07.10.2024 and pass orders.
For Petitioner :Mr.R. Renukadevi For Respondents 1 to 3 :Mr.R.U.Dinesh RajKumar, Additional Government Pleader For Respondent-4 : Mr.K. Tamil Vendan Government Advocate
O R D E R
This writ petition is filed to issue a Writ of Mandamus, directing the respondents 1 to 3 to issue further direction to settle the service benefits of 2/6
the petitioner after reworking out the Revised Scale of pay with effect from 01.04.2016 in compliance with the proceedings in Na.Ka.No.583/2015/Nu.Ku.Pa.1 dated 07.02.2017 and Na.Ka.No.526/2022/Vi.Sa. Dated 21.04.2022 issued by the respondents 1 and 2 respectively by considering petitioner's representation dated 13.10.2023, 18.12.2023, 22.01.2024, 18.04.2024 and 07.10.2024 and pass orders.
2.The learned counsel appearing for the petitioner would submit that the petitioner was appointed as a Manager in the 4th respondent society on 18.01.1990 and his pay scale was revised on 07.02.2017 and it is affirmed by the second respondent on 21.04.2022. While so, he met with an accident on 02.10.2021, thereafter, he submitted an application for voluntary retirement. On 05.09.2023 the fourth respondent has passed resolution accepting the petitioner's voluntary retirement and thereafter relieved him from service on 05.09.2023. However, while settling the petitioner's claim they have not considered the pay scale re-fixed with effect from 01.04.2016 3/6
as indicated in the orders dated 07.02.2017 and 21.04.2022. Claiming the above amount, the petitioner sent various representation to the respondents and the last one was sent on 07.10.2024.
3. At this juncture the learned Additional Government Pleader fairly submitted that they will consider the petitioner's representation within a reasonable time.
4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the first, second and third respondents and perused the materials available on record.
5. In view of the above submission of the learned Additional Government Pleader, without going into merits of the matter, this Court deems it appropriate to direct the respondents to consider the petitioner's representation and pass orders on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
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6. In the result, this Writ Petition is disposed of with the above observations. No costs.
12.06.2025 smn Index : Yes/No Speaking order/non-speaking order To,
1. The Registrar of Co-operative Societies, 170, NVM Maaligai, E.V.R. High Road, Kilpauk,Chennai 600 010.
2. The Joint Registrar of Co-operative Societies, Erode Region, Mohan Kumaramangalam Street, Surampatti, Erode 638 006.
3. The Deputy Registrar of Co-operative Societies, Gobi Circle, 7, Parvathi Nagar, Gobichettipalayam-638 476,Erode District.
4. Bannariamman Sugars Employees'
Co-operative Store Ltd., rep by its Administrator, Alathukombai - 638 401, Sathyamangalam, Erode District.
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C.KUMARAPPAN, J., smn 12.06.2025 6/6