M.Sivakumar v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.04.2023
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU M. Sivakumar ... Petitioner -vs1. The Secretary to Government, Government Co-operative Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.
2. The Registrar of Co-operative Societies, N.V.N. Maligai, E.V.R. Salai, Kilpauk, Chennai - 600 010.
3. The Joint Registrar of Co-operative Societies, Nagapattinam - 611 003.
4. The Deputy Registrar of Co-operative Societies, Nagapattinam - 611 003.
5. The Secretary, Z-181 Pannal Primary Agricultural Co-operative Credit Society Ltd., Pannal, Vedaranyam, Nagapattinam - 611 003.
6. The Director, National Commission for Scheduled Caste, Shashthri Bhavan, Block No. V.2nd Floor, #26, Haddows Road, Nungambakkam, Chennai - 600 006.
... Respondents [R6 deleted from the cause-title vide order dated 09.03.2023 made in W.P. No. 6980 of 2023] 1/6
Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Third Respondent to consider the representation dated 17.04.2020 for the promotion with consequential seniority and all other service and monetary benefits. For Petitioner : Ms. S.Aparna For Respondents : Mrs. R.Anitha, Special Government Pleader (for R1 to R4) Mr. B.Vijay, Additional Government Pleader (for R5)
O R D E R
Heard Ms. S.Aparna, Learned Counsel for the Petitioner, Mrs. R.Anitha, Learned Special Government Pleader appearing for the First to Fourth Respondents and Mr. B.Vijay, Learned Additional Government Pleader appearing for the Fifth Respondent and perused the materials placed on record, apart from the pleadings of the parties.
2.
The grievance ventilated by the Petitioner is that he had made a representation dated 17.04.2020 to the Third Respondent to promote him with consequential seniority and monetary benefits, but as it did not evoke any response, he has filed this Writ Petition.
2/6
3.
Having regard to the limited scope of the relief sought in the Writ Petition, this Court without expressing any view on the merits of the controversy, passes the following order:- (i) the concerned authority shall immediately examine the representation dated 17.04.2020 made by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;
(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;
(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; (v) if the Petitioner is found entitled to any monetary benefits, the same shall be paid along with working-sheet showing its calculation within a period of three months from the date of passing of that order; and 3/6
(vi) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.
In the result, the Writ Petition is disposed on the aforesaid terms. No costs.
13.04.2023 2/3 skr Index: Yes/No Note: Issue order copy by 05.06.2023.
To
1. The Secretary to Government, Government Co-operative Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.
2. The Registrar of Co-operative Societies, N.V.N. Maligai, E.V.R. Salai, Kilpauk, Chennai - 600 010.
3. The Joint Registrar of Co-operative Societies, Nagapattinam - 611 003.
4. The Deputy Registrar of Co-operative Societies, Nagapattinam - 611 003.
5. The Secretary, Z-181 Pannal Primary Agricultural Co-operative Credit Society Ltd., Pannal, Vedaranyam, Nagapattinam - 611 003.
4/6
Copy to The Registrar (Judicial), Madras High Court, Chennai.
5/6
P.D. AUDIKESAVALU, J.
skr 13.04.2023 2/3 6/6