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Madras High CourtWP/20000/2021disposed of

N.Kesavan v. The Joint Registrar

2021-09-20Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.20000 of 2021 N.Kesavan

...Petitioner

Vs 1.The Joint Registrar, Co-operative Societies, Salem Zone, 4th Floor, Room No.410, Collectorate Building, Bretts Road, Salem - 636 001.

2.The Managing Director/ The Deputy Registrar, S.439, Salem Agriculture Co-operative Marketing Society Limited, No.305, Sooramangalam Main road, Leigh Bazaar, Salem - 636 009.

3.The Deputy Registrar, Co-operative Societies, Salem Zone, Cherry Road, Salem - 636 001.

4.The Co-operative Sub Registrar, Co-operative Societies, Salem Zone, Cherry Road, Salem - 636 001.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to implement the recommendations of the 3rd and 4th respondents in its proceedings vide Na.Ka.No.19122020 NUKU dated 17.12.2020 and letter dated 08.12.2020 and to

disburse all retirement benefit along with back wages within the time framed by this Hon'ble Court.

For Petitioner :

Mr.S.Sivakumar For R1 :

Mr.S.Arumugam, Government Advocate For R2, R3 & R4 :

Mr.L.S.M.Hasan Fizal, Government Advocate

ORDER

The petitioner has filed this writ petition for Mandamus to direct the 3rd and 4th respondents to disburse the salary, retirement and other benefits in terms of proceedings dated 08.12.2020 of the 1st respondent.

2. The case of the petitioner is that the petitioner was appointed as salesman in the 2nd respondent office. Due to seizure of kerosene, he was fixed as an accused in FIR and therefore he was suspended by the 1st respondent on 14.01.2012. Subsequently, he was removed from service on 08.10.2012. After acquitted from all charges, the petitioner has sent a representation dated 31.08.2021 which has not invoked any response from the respondents.

3. Considering the fact that the 1st respondent in its proceedings dated 08.12.2020 and 17.12.2020 have recommended to disburse the salary and all retirement benefits to the petitioner.

4. Under these circumstances, this writ petition is disposed of by directing the 1st and 2nd respondents to consider the representation of the petitioner dated 31.08.2021 within a period of eight weeks from the date of receipt of copy of this order.

5. This Writ Petition stands disposed of with the above observations.

Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar drl

To 1.The Joint Registrar, Co-operative Societies, Salem Zone, 4th Floor, Room No.410, Collectorate Building, Bretts Road, Salem - 636 001.

2.The Managing Director/ The Deputy Registrar, S.439, Salem Agriculture Co-operative Marketing Society Limited, No.305, Sooramangalam Main road, Leigh Bazaar, Salem - 636 009.

3.The Deputy Registrar, Co-operative Societies, Salem Zone, Cherry Road, Salem - 636 001.

4.The Co-operative Sub Registrar, Co-operative Societies, Salem Zone, Cherry Road, Salem - 636 001.

+1cc to Mr.S.Sivakumar, Advocate SR.No.48177 +1cc to the Government Pleader SR.No.48519 W.P.No.20000 of 2021 PM(CO) RVM(12/10/2021)