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Madras High CourtWP/23788/2012dismissed as infructuous

C.Kumar v. The State Of Tamilnadu

2024-03-22Honourable Mr Justice J.Sathya Narayana Prasad5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM:

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P.No.23788 of 2012 and M.P.No. 1 & 2 of 2012 and W.M.P.No. 23788 of 2012 C. Kumar

...Petitioner

Vs.

1.

The State of Tamil Nadu, Rep. by its Secretary, Co-operation, Food & Consumer, Protection Department, Fort St. George, Chennai - 600 009.

2.

The Registrar of Co-operative Societies, No. 170, Periyar E.V.R.High Road, Kilpauk,Chennai - 600 010.

3.

The Deputy Registrar of Co-operative Societies, Cheyyar Circle, Cheyyar, Thiruvannamalai District.

4.

H.H.543, K.P.Pudur Primary Agricultural Co-operative Credit Society, Rep. by its Special Officer, Vandavasi Taluk, Thiruvannamalai District.

...Respondents

1/5

Prayer: Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the order of the third respondent dated 20.03.2012 in Na.Ka.894/2012/Tho.Ve.Koo.Ka.Sa and the consequential order of the third respondent dated 29.03.2012 in Na.Ka.894/2012.Visa and the order of the fourth respondent dated 28.03.2012 and quash the same and consequently direct the respondents to pay the retirement benefits on the basis of the time scale pay fixed to the petitioner as per G.O.Ms.No.185, Co-operation, Food and Consumer Protection Department dated 29.12.2010. For Petitioner : Mr.K.Selvaraj For R1 to R3 : Mr.M.S.Arasu Kumar Government Advocate For R4 : Mr.L.P.Shanmugasundaram

O R D E R

This writ petition is filed seeking for Certiorarified Mandamus, to quash the proceeding Na.Ka.894/2012/Tho.Ve.Koo.Ka.Sa dated 20.03.2012 issued by the third respondent and the consequential order of the third respondent dated 29.03.2012 in Na.Ka.894/2012.Visa and the order of the fourth respondent dated 28.03.2012 and to direct the respondents to pay the 2/5

retirement benefits on the basis of the time scale pay fixed to the petitioner as per G.O.Ms.No.185, Co-operation, Food and Consumer Protection Department dated 29.12.2010.

2. Today, when the matter was taken up for hearing, the learned counsel for the fourth respondent submitted by way of written instructions that the petitioner has been promoted to the post of Junior Assistant and joined in the promotional post on 29.09.2022. Further, it is submitted that the salary was also fixed to the said post and he is working as on date. Hence nothing survives in this writ petition for further adjudication.

3. In view of the submission made by the learned counsel for the fourth respondent, this writ petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. 22.03.2024 Index:Yes/No Speaking Order : Yes/No nsl 3/5

To 1.

The Secretary, The State of Tamil Nadu, Co-operation, Food & Consumer, Protection Department, Fort St. George, Chennai - 600 009.

2.

The Registrar of Co-operative Societies, No. 170, Periyar E.V.R.High Road, Kilpauk, Chennai - 600 010.

3.

The Deputy Registrar of Co-operative Societies, Cheyyar Circle, Cheyyar, Thiruvannamalai District.

4.

The Special Officer, H.H.543, K.P.Pudur Primary Agricultural Co-operative Credit Society, Vandavasi Taluk, Thiruvannamalai District.

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J.SATHYA NARAYANA PRASAD, J.

nsl W.P.No.23788 of 2012 22.03.2024 5/5