V.S. Senthilkumar v. The Addl. Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH V.S.Senthilkumar .. Petitioner Vs.

1.The Addl. Chief Secretary to Govt., Co-op., Food & Consumer Protection Dept., Fort St. George, Chennai - 600 009.

2.The Registrar of Co-op. Societies, NVN Maligai, Kilpauk, Chennai - 600 010.

3.The Joint Registrar of Co-op. Societies, Krishnagiri Region, Krishnagiri District.

4.The Deputy Registrar of Co-op. Societies, Hosur Circle, Krishnagiri District.

5.D.K.116, Ashok Leyland Employees Co-op. Stores Ltd., Rep. by its Co-op. Sub Registrar / Liquidator, O/o. Deputy Registrar of Co-op. Societies, Hosur Circle, Thirumala Plaza, Shanthi Nagar East, Hosur, Krishnagiri District - 635 109.

6.D.K.138, Hosur Exide Industries Employees Co-op. Thrift and Credit Society Ltd., Rep. by its Administrator, 1st Floor, Vemala Kalyana Mandapam, Krishnagiri ByPass Road, Hosur, Krishnagiri District - 635 109.

.. Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 & 2 to pass appropriate orders on the representation dated 20.09.2024 made by the petitioner herein within stipulated time period as may be fixed by this Court.

For Petitioner :

Mr.T.Sundaravadanam For RR 1 to 4 :

Mrs.M.Geetha Thamaraiselvan Special Government Pleader For RR 5 & 6 :

Mr.U.Baranidharan Additional Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents 1 & 2 to pass appropriate orders on the representation made by the petitioner on 20.09.2024 within the time frame fixed by this Court.

2.Heard the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 4 and the learned Additional Government Pleader for the respondents 5 & 6. 3.The case of the petitioner is that he joined the services of the 5th respondent society in the year 1996. In the year 2011, he was transferred 2/6

to the 6th respondent society as Clerk and was given the post of Secretary (In Charge). He continues to work in that position till date. 4.The further case of the petitioner is that the 4th respondent through proceedings dated 16.09.2013 has already forwarded the proposal to the 3rd respondent for absorption of the petitioner in the 6th respondent society. The same was inturn forwarded to the 2nd respondent on 18.03.2014 by the 3rd respondent. The 2nd respondent has also forwarded the proposal to the 1st respondent on 13.05.2014. 5.The grievance of the petitioner is that till date the 1st respondent has not taken any steps to deal with the proposal that has already been forwarded and as a result, the services of the petitioner is yet to be absorbed in the 6th respondent society. As a result, the petitioner is getting a lesser salary that what he is entitled to. It is under these circumstances, the present writ petition came to be filed before this Court.

6.Taking into consideration the facts and circumstances of the case and the nature of grievance expressed by the petitioner, there shall be a 3/6

direction to the 1st respondent to deal wit the representation made by the petitioner on 20.09.2024 on its own merits and in accordance with law and based on the proposals that have already been forwarded by the respondents 2, 3 & 4. A decision shall be taken within a period of twelve

(12) weeks from the date of receipt of a copy of this order. 7.The petitioner shall make a fresh representation to the 1st respondent along with all the relevant documents and a copy of the same shall be marked to the respondents 2 to 4. It shall also be accompanied with a copy of this order.

8.In the result, this Writ Petition is disposed of with the above directions. No costs.

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To 1.The Addl. Chief Secretary to Govt., Co-op., Food & Consumer Protection Dept., Fort St. George, Chennai - 600 009.

2.The Registrar of Co-op. Societies, NVN Maligai, Kilpauk, Chennai - 600 010.

3.The Joint Registrar of Co-op. Societies, Krishnagiri Region, Krishnagiri District.

4.The Deputy Registrar of Co-op. Societies, Hosur Circle, Krishnagiri District.

5.D.K.116, Ashok Leyland Employees Co-op. Stores Ltd., Rep. by its Co-op. Sub Registrar / Liquidator, O/o. Deputy Registrar of Co-op. Societies, Hosur Circle, Thirumala Plaza, Shanthi Nagar East, Hosur, Krishnagiri District - 635 109.

6.D.K.138, Hosur Exide Industries Employees Co-op. Thrift and Credit Society Ltd., Rep. by its Administrator, 1st Floor, Vemala Kalyana Mandapam, Krishnagiri ByPass Road, Hosur, Krishnagiri District - 635 109.

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N.ANAND VENKATESH, J.

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