R.Annadurai v. The Joint Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Annadurai ... Petitioner Vs.

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

2. The Management of H.H.538, Desur Primary Agricultural Co-operative Credit Society, Represented by its President, Desur, Vandavasi Taluk, Tiruvannamalai District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the first respondent to consider the representation dated 15.02.2024 made by the petitioner herein and pass appropriate orders.

For Petitioner : Mr.T.Sundaravadanam For Respondents :

For R1 : Mrs.M.Geetha Thamaraiselvan learned Special Government Pleader For R2 : Mr.T.N.C.Kaushik Additional Government Pleader Page No. 1 of 4

ORDER

Mrs.M.Geetha Thamaraiselvan, learned Special Government Pleader takes notice on behalf of the first respondent and Mr.T.N.C.Kaushik, learned Additional Government Pleader takes notice on behalf of the second respondent.

2. The petitioner is working as a Sales Manager in the second respondent society. It is his grievance that when he was reinstated into service on 30.05.2022 after the suspension, his pay has been continued on the earlier basis alone without implementing the benefit under G.O.Ms.No.24 Co-op. Food and Consumer Protection Department dated 22.02.2024, while the same has to be implemented in respect of the employees of the second respondent society.

3. The petitioner has also made a representation to the first respondent on 14.02.2024, however no positive orders have been passed so far. Even though, the representation does not specifically mentioned that it is a Revision under Section 153 of the Cooperative Societies Act, 1983, it can be seen that the petitioner is only requesting the first respondent to examine the record of the second respondent society by which less salary has been paid to Page No. 2 of 4

the petitioner.

4. In that view of the matter, without insisting upon any specific order being passed by the second respondent Society, the first respondent shall treat the representation of the petitioner dated 14.02.2024 as the Revision filed under Section 153 of the Cooperative Societies Act, 1983 and examine the connected record of the second respondent Society in paying the salary of the petitioner at a lower level and pass orders thereon and decide the issue on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. The writ petition stands disposed of with the above observations and directions. No costs.

04.04.2024 Index : Yes/No Speaking/Non-speaking Order rgm D.BHARATHA CHAKRAVARTHY, J.

Page No. 3 of 4

rgm To

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

2. The Management of H.H.538, Desur Primary Agricultural Co-operative Credit Society, Represented by its President, Desur, Vandavasi Taluk, Tiruvannamalai District.

04.04.2024 Page No. 4 of 4