M.Munigadu v. The Addl. Chief Secretary To Govt.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM
THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and W.M.P. No. 1923 of 2021 W.M.P.No. 15560 of 2022 M.Munigadu ... Petitioner Vs.
1. The Additional Chief Secretary to Government, Finance Department, Fort St. George, Chennai - 600009.
2. The Registrar of Co-op. Societies, NVN Maligai, Kilpauk, Chennai - 600010.
3. The Joint Registrar of Co-op. Societies, Krishnagiri Region, Krishnagiri District - 635001.
4. The Deputy Registrar of Co-op. Societies, Hosur Circle, Krishnagiri District - 635109.
5. S.527, Kelamangalam Agricultural Producer's Co.op. Marketing Society, Rep.by its Managing Director, Kelamangalam, Denkanikottai Taluk, Krishnagiri District - 635113.
... Respondents 1/5
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent Nos. 2 to 5 to pass appropriate orders on the representation dated 28.07.2020 made by the petitioner herein within stipulated time period as may be fixed by this Court. For Petitioner : Mr.T.Sundaravadanam For Respondents : Mr. A.M.Ayyadurai, Government Advocate (for R1 & R4) Mr. R.Bala Ramesh (for R5) *****
O R D E R
The instant Writ Petition seeks a relief of Writ of Mandamus, directing respondents 2 to 5 to consider the representation dated 25.07.2020.
2. The issue involved in this matter is in respect of encashment of 90 days' unearned leave. It appears that the petitioner has sent a representation in this regard on 28.07.2020. Since the respondents 2 to 5 did not respond to the said representation, the instant Writ Petition was filed. 2/5
3. The authorities concerned are bound to consider the representation one way or other according to law. Whereas, in the case in hand, respondents 2 to 5 did not delve into this issue. Therefore, without going into the merits of this case, this Court deems it appropriate to give a direction to respondents 2 to 5 to consider the petitioner's representation.
4. In the result, this Writ Petition is allowed. The respondents 2 to 5 are directed to consider the petitioner's representation dated 28.07.2020 according to law and on its own merits, and also by taking into consideration G.O. No. 409, Finance (Pension) Department dated 31.07.2004, if the same is otherwise applicable, within a period of eight weeks from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous Petitions are closed. No costs.
24.10.2024 kv Index : Yes/No Speaking order /Non Speaking Order 3/5
To
1. The Additional Chief Secretary to Government, Finance Department, Fort St. George, Chennai - 600009.
2. The Registrar of Co-op. Societies, NVN Maligai, Kilpauk, Chennai - 600010.
3. The Joint Registrar of Co-op. Societies, Krishnagiri Region, Krishnagiri District - 635001.
4. The Deputy Registrar of Co-op. Societies, Hosur Circle, Krishnagiri District - 635109.
5. The Managing Director, S.527, Kelamangalam Agricultural Producer's Co.op. Marketing Society, Kelamangalam, Denkanikottai Taluk, Krishnagiri District - 635113.
4/5
C.KUMARAPPAN, J.
kv 24.10.2024 5/5