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Madras High CourtWP/28297/2021disposed of

D.Moorthy v. The Registrar Of Cooperative Societies,

2024-02-22Honourable Ms Justice R.N.Manjula5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P. No.28297 of 2021 D.Moorthy ... Petitioner Vs.

1. The Registrar of Cooperative Societies, Kilpauk, Chennai - 600 010.

2. The Deputy Registrar of Cooperative Societies, Surampatti, Erode - 638 009.

3. The Managing Director, Erode District Cooperative Printing press Ltd., Erode - 638 001.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent to dispose the representation dated 07.12.2021 within the stipulated period as prescribed by this Court.

For Petitioner :

Mr.P.Palanisamy For Respondents For R1 & R2 :

Mr.P.Sathish, Additional Government Pleader For R3 :

Mr.U.Baranidharan

ORDER

This Writ Petition has been filed to direct the 1st respondent to consider and dispose the representation made by the petitioner dated 07.12.2021.

2. The petitioner who was working as a clerk in the 3rd Respondent Department was retired from service on 30.04.2019 on attaining the age of superannuation and relieved from service. The first respondent has issued a proceedings in Rc.No.80125/2019/CG3, dated 22.02.2021 in terms of 12(3) settlement entered into between the Management and the employees of the Cooperative Printing Press on 30.12.1988 wherein it has been stated that the new wage settlement shall be made for a period of five years from 01.04.2019.

3. However, the Executive Committee of the Erode District Cooperative Press Limited has made a resolution to pay the enhanced pay from 01.08.2021 instead of 01.04.2019 which was fixed by the 1st

respondent. It is the grievance of the petitioner that when the revised pay is paid form 01.08.2021, the workmen who were retired from service from 01.04.2019 will be deprived of their legitimate rights to get their respective monetary benefits. According to the petitioner, similarly placed persons in Tirunelveli District Cooperative Printing Works Limited have been granted the benefits from 01.04.2019. In this regard, the petitioner has made representation on 07.12.2021 and the same was not considered. Hence, this Writ Petition.

4. Mr.P.Palanisamy, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the Respondents 1 and 2 and Mr.U.Baranidharan, learned counsel appearing for the 3rd Respondent.

5. Considering the fact that the representation is of the year 2021 which is pending for more than 2 years, I feel appropriate directions need to be given as prayed.

6. In the result, this Writ Petition is disposed of. The 1st respondent is directed to consider the representation of the petitioner, dated 07.12.2021 and pass appropriate orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs.

22.02.2024 Index: Yes / No Speaking order / Non-speaking order vum To:

1. The Registrar of Cooperative Societies, Kilpauk, Chennai - 600 010.

2. The Deputy Registrar of Cooperative Societies, Surampatti, Erode - 638 009.

3. The Managing Director, Erode District Cooperative Printing press Ltd., Erode - 638 001.

R.N.MANJULA ,J.

vum W.P. No.28297 of 2021 22.02.2024