P.Soundararajan v. The Secretary To The Govt.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 12.10.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.32372/2015 P.Soundararajan ..
Petitioner
Versus
1.The Secretary to the Government Cooperation, Food & Consumer Protection Fort St George, Chennai 600 009.
2.The Additional Registrar of Cooperative Societies Ltd., TANFED Building, 3rd Floor No.91, St. Mary's Road, Mandavalli, Chennai 600028.
..
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the respondents to pass orders on the representation dated 27.08.2015 seeking treating of the period between 14.01.2015 and 21.08.2015 as compulsory wait as per Fundamental Rules, on merits and within a time to be stipulated by this Court. For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.L.P.Shanmugasundaram Spl. Govt. Pleader [Coop.]
ORDER
By consent, the writ petition is taken up for final disposal.
The petitioner while functioning as the Managing Director of Chennai Teachers' Guild Cooperative Societies Limited, was not permitted to discharge his duties after accepting the joining report on 09.05.2013, which result in filing WP.No.15071/2013 and it was allowed quashing the impugned order and once again, another order of transfer came to be passed and it was also put to challenge in WP.No.35007/2014 and this Court has granted an interim order, directing the maintenance of status quo and by virtue of the interim order, the petitioner continued to act as the Managing Director of the
said Cooperative Society. The grievance expressed by the petitioner is that though he is functioning and discharging as the Managing Director of the above said Cooperative Society, the salary due and payable, have not been properly disbursed on the pretext that the period of transfer has not been regularised. The petitioner, in this regard has submitted a representation dated 27.08.2015 to the respondents requesting to treat the period between 14.01.2015 and 21.08.2015 as compulsory wait and also conferment of other consequential benefits including the benefit of pay fixation and since no orders have been passed, he came forward to file this writ petition.
Heard the submissions of the learned counsel for the petitioner and Mr.L.P.Shanmugasundaram, learned Special Government Pleader [Coop.] who accepts notice on behalf of the respondents.
Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 27.08.2015 on merits and in accordance with law, after providing an opportunity of personal hearing to the petitioner and pass orders within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of accordingly. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ap To 1.The Secretary to the Government Cooperation, Food & Consumer Protection Fort St George, Chennai 600 009.
2.The Additional Registrar of Cooperative Societies Ltd., TANFED Building, 3rd Floor No.91, St. Mary's Road, Mandavalli, Chennai 600028.
+1 cc to Mr.L.Chandrakumar, Advocate sr.56041 +1 cc to Government Pleader sr.55955 W.P.No.32372/2015 sv(co) aa26/10/2015