← Library
Madras High CourtWP/29169/2022disposed of

N.Prabhakaran v. The Deputy Registrar Of Co-Operative Society(Hosuing),

2022-12-06Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2022

CORAM:

THE HONOURABLE Mr. JUSTICE ABDUL QUDDHOSE N.Prabhakaran .. Petitioner Vs.

1. The Deputy Registrar of Co-operative Society(Housing), Salem Region, Salem - 16.

2. SLM/HSG 94. Shri Rajaganapathy Co-operative House Building Society, Rep by its President, Hasthampatti, Salem 636 007.

.. Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to fix the petitioner pay scale and other allowances based on the circular issued by the Registrar of Co-operative Societies (Housing), Chennai in Rc.No.4304/2003SF2 dated 15.06.2009 by considering the petitioner representation dated 21.09.2022. For Petitioner :Mr.S.Palaniswamy For Respondent 1 : Mr.E.Sundaram Government Advocate For Respondent 2 : Mr.S.P.Karthik Government Advocate 1/4

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to fix the petitioner's pay scale and other allowances based on the Circular issued by the Registrar of Co-operative Societies (Housing), Chennai in Rc.No.4304/2003SF2 dated 15.06.2009 based on the petitioner's representation dated 21.09.2022, within a time frame to be fixed by this Court.

2. According to the petitioner, his pay scale has to be fixed as per the aforesaid Circular, dated 15.06.2009. He claims that his pay scale has not been fixed as per the said Circular. In such circumstances, he has given a representation on 21.09.2022. Since, the representation has not been considered by the respondents, he has filed this writ petition.

3. Heard Mr.M.S.Palaniswamy, learned counsel for the petitioner; Mr.E.Sundaram, learned Government Advocate for the 1st respondent and Mr.S.P. Karthik, learned Government Advocate for the 2nd respondent.

4. No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, within a time frame to be fixed by this Court. This Court is not expressing any 2/4

opinion on the merits of the petitioner's claim. It is for the respondents to consider the same on merits and in accordance with law.

5. For the forgoing reasons, this Court directs the 1st respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 21.09.2022 requesting for fixation of his pay scale and other allowance based on the Circular issued by the Registrar of Cooperative Societies (Housing), Chennai in Rc.No.4304/2003SF2 dated 15.06.2009, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction,the writ petition stands disposed of. No costs.

06.12.2022 Index : Yes / No Internet : Yes/ No Speaking / Non speaking order nti/vsi-2 3/4

ABDUL QUDDHOSE, J.

nti/vsi-2 To

1. The Deputy Registrar of Co-operative Society(Housing), Salem Region, Salem - 16.

2. The President, Co-operative House Building Society, Hasthampatti, Salem 636 007.

06.12.2022 4/4