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Madras High CourtWP/12963/2020disposed of

C.Kowsalya Devi v. The Joint Registrar

2023-10-13Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2023

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.12963 of 2020 C.Kowsalya Devi W/o.Balaguru No.48, Kalaignar Street Anthiyur Erode District ... Petitioner /Vs/ 1.The Joint Registrar of Co-operative Societies Erode Region, Erode, Erode District 2.The President K.290, Anthiyur Primary Agricultural Co-operative Credit Society Anthiyur, Erode District ... Respondents Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the entire records relating to the impugned order passed by the 1st Respondent in his proceedings Na.Ka.No.4865/2020/Sa.Pa. Dated 25.08.2020 and quash the same and consequently, direct the 1st Respondent to entertain the Statutory 1/4

Revision filed by the Petitioner on 14.08.2020 and dispose the same on merits.

For Petitioner :

Ms.T.Hemalatha for Mr.C.Prakasam For Respondents :

Mr.G.Nanmaran Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Certiorarified Mandamus to call for the entire records relating to the impugned order passed by the 1st Respondent in his proceedings Na.Ka.No.4865/2020/Sa.Pa. Dated 25.08.2020 and quash the same and consequently, direct the 1st Respondent to entertain the Statutory Revision filed by the Petitioner on 14.08.2020 and dispose the same on merits. 2.The Petitioner, who is working with the second Respondent has been ordered with three years of stoppage of increment with cumulative effect, with effect from 18.08.2015, in pursuant to the disciplinary action taken against her. Since she was persuaded by the second Respondent that she could not file any Revision challenging the said order, she abstained 2/4

from filing Revision Petition. However, her junior has got promoted in the year 2015 as a Senior Clerk and thereafter, the Petitioner thought of protecting her service benefits and preferred a Revision Petition before the first Respondent and the same was rejected by stating that it was barred by limitation.

3.Heard the learned counsel for the Petitioner and the learned the learned Special Government Pleader for the Respondents. 4.Taking into consideration the fact that the Petitioner has suffered stoppage of increment for many years and her inability in not filing the Revision in time due to wrong advice, I feel the first Respondent shall consider the Petitioner's Revision Petition and pass orders on merits, within a period of six weeks from the date of receipt of a copy of this order. No costs. Writ Petition is disposed of. 13.10.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai 3/4

R.N.MANJULA, J.

sai To 1.The Joint Registrar of Co-operative Societies Erode Region, Erode, Erode District 2.The President K.290, Anthiyur Primary Agricultural Co-operative Credit Society Anthiyur, Erode District W.P. No.12963 of 2020 13.10.2023 4/4