Madras High CourtWP/6618/2020disposed of

P.M.Manjunadhan v. The Joint Registrar Of Cooperative Societies,

2020-03-13Honourable Mr Justice V. Parthiban3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2020

CORAM

THE HONOURABLE MR. JUSTICE V.PARTHIBAN W.P.No.6618 & 6620 of 2020 P.M.Manjunadhan ..Petitioner in WP No.6618 of 2020 R.Sreenivasa ..Petitioner in WP No.6620 of 2020 Vs.

1.The Joint Registrar of Co-operative Societies, Krishnagiri Region, Krishnagiri, Krishnagiri District.

2.The Administrator, D.K.80, Berigai Primary Agricultural Co-operative Credit Society, Shoolagiri Road, Berigai-635 105, Shoolagiri Taluk, Krishnagiri District ..Respondents in both WPs.

Petitions filed under Article 226 of The Constitution of India praying for issuance of a Writ of Mandamus to direct the first respondent to dispose the statutory revision filed under Section 153 of Tamilnadu Co-operative Societies Act, 1983 by the petitioner on 09.12.2019 within a stipulate time (prayer in both WPs).

For Petitioners(in both WPs) :

Mr.C.Prakasam For Respondents(in both WPs) :

Mr.D.Venkatachalam, AGP

ORDER

These Writ Petitions have been filed seeking for issuance of a Mandamus to direct the first respondent to dispose the statutory revisions filed by the petitioners 09.12.2019 under Section 153 of Tamilnadu Co-operative Societies Act, 1983 within a stipulate time.

2. The case of the petitioners is that they were appointed as Salesman in the second respondent Society on 11.12.2009 & 01.11.2011 respectively. Initially, they were paid consolidated payment on monthly basis. The petitioners made a request for grant of regular time scale, which has not been considered.

3. According to the petitioners, the Registrar of Cooperative Societies issued a Circular dated 18.01.2011 to all Joint Registrar of Co-operative Societies in Tamil Nadu, stating that if the irregular employees working continuously for more than one year, their consolidated pay should be brought on regular time scale of pay. Since the circular has not been implemented, representations were made by the petitioners by way of revision petitions on 09.12.2019 to the first respondent. The petitioners requested to dispose of the revision petitions since no action is forth coming from the 1st respondent and they have been working in the second respondent Society for more than 11 years on consolidated pay.

4. When these matters are taken up for hearing, Mr.D.Venkatachalam, the learned Additional Government Pleader appearing on behalf of the respondents, would submit that since the petitioners claimed that the revision petitions are pending before the first respondent, the first respondent may be directed to pass orders on revision petitions within the time to be stipulated by this Court.

5. Upon considering the prayer as well as the submissions made on behalf of the parties, without expressing any opinion on the merits of the petitioners' claim, the writ petitions are disposed of at the admission stage itself, with the following direction:

The revision petitions which are stated to have been filed by the petitioners on 09.12.2019 before the first respondent under Section 153 of the Tamilnadu Co-operative Societies Act 1983 are directed to be disposed of on merits in accordance with law by the first respondent, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn

To 1.The Joint Registrar of Co-operative Societies, Krishnagiri Region, Krishnagiri, Krishnagiri District.

2.The Administrator, D.K.80, Berigai Primary Agricultural Co-operative Credit Society, Shoolagiri Road, Berigai-635 105, Shoolagiri Taluk, Krishnagiri District +2cc to Mr.C.Prakasam, Advocate, S.R.No.23609,23610 +2cc to Mr.D.Venkatachalam, Advocate, S.R.No.22823,22824 +1cc to the Government Pleader, S.R.No.23222 W.P.No.6618 & 6620 of 2020 PVS(CO) RN(09/06/2020)