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Madras High CourtWP/1760/2016disposed of

Tamil Nadu Gandhiya Anaithu v. The Secretary To Government

2016-01-20Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.1760 of 2016 Tamil Nadu Gandhiya Anaithu Kooturavu Thurai Paniyalargal Sangam (Regd No.586/DRP) Rep. by its State President, C.Sakthivel, S/o.P.M.Chinnu, A.Pallipatti Post, Pappireddipatty Taluk, Dharmapuri District.

.. Petitioner Vs.

1. The Secretary to Government, Food and Co-operation Department, Fort St. George, Chennai - 600 009.

2. The Registrar of Co-operative Societies, E.V.R.Periyar Road (Poonamallee High Road) Kilpauk,Chennai - 600 010.

.. Respondents PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider and pass orders on merits by disposing the written representation made by the petitioner on 28.12.2015 within a stipulated time to be fixed by this Court.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.P.Shanmuga Sundaram Special Government Pleader(Co-op.)

ORDER

By consent, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The case of the petitioner is that the Salesmen and Packers, who are working in the Co-operative Societies, were not regularised and proper salary was not paid to them. So, the Government issued G.O.Ms.No.137, Co-operative, Food https://hcservices.ecourts.gov.in/hcservices/

and Consumer Protection Department, dated 09.11.2015, fixing the pay scale of Salesmen and Packers. Despite the issuance of the Government Order, officials of the Co-operative Societies, have not paid the salary and therefore, the petitioner made a representation dated 28.12.2015 to the respondents. Since no order has been passed, the present Writ Petition has been filed.

3. Heard the submissions of Mr.C.Prakasam, learned counsel appearing for the petitioner and Mr.L.P.Shanmuga Sundaram, learned Special Government Pleader(Co-op.), who accepts notice on behalf of the respondents.

4. This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the second respondent to consider the representation of the petitioner dated 28.12.2015 and pass orders, on merits and in accordance with law, within a period of twelve weeks, from the date of receipt of a copy of this order and communicate the decision taken to the petitioner.

6.The Writ Petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar ogy/sri To

1. The Secretary to Government, Food and Co-operation Department, Fort St. George, Chennai - 600 009.

2. The Registrar of Co-operative Societies, E.V.R.Periyar Road (Poonamallee High Road) Kilpauk,Chennai - 600 010.

1 cc to Mr.C. Prakasam, Advocate, Sr. 3549 1 cc to Government Pleader, Sr. 3343 W.P. No.1760 of 2016 AD (CO) kk 11/2 https://hcservices.ecourts.gov.in/hcservices/