R.Govindarajan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.32657 of 2022 and WMP.No.32053 of 2022 R.Govindarajan ... Petitioner Vs.

1.The Managing Director, Pondicherry Co-op Milk Producers' Union Ltd., Kurumampet, Puducherry 2.The Registrar of Co-op Societies, Puducherry ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Mandamus directing the first respondent to implement the order passed by the Court of the Registrar of Cooperative Societies in NMD No.1 of 2018 dated 24.12.2019 with all other consequential benefits.

For Petitioner : Mr.V.Ajayakumar For Respondents For R1 : Mr.L.Swaminathan For R2 : Mr.V.Vasanthakumar, Additional Government Pleader (Puducherry) 1/6

O R D E R

This writ petition has been filed for direction to the first respondent to implement the order passed by the second respondent in NMD.No.1 of 2018 dated 24.12.2019.

2.

The petitioner is working as Dairy Helper in Pondicherry Cooperative Milk Producers' Union Limited. He is also qualified with degree and passed shorthand examination and typewriting in Tamil and English. His service was regularised in the post of Junior Assistant. Subsequently, he was promoted to the post of Junior Assistant. However, he was placed on consolidated salary instead of promoting him on regular basis on par with other candidates. Therefore, the petitioner approached the second respondent by way of petition in NMD.No.1 of 2018. After fulfledged enquiry, the second respondent passed order dated 24.12.2019 thereby allowed the petition filed by the petitioner and ordered to quash the order placing the petitioner in the post of Dairy Helper by way of reverting him without formal orders from the post of Junior Assistant dated 01.03.2016 and also directed the first respondent to pay arrears of salary with all allowances with effect from 01.03.2016. However, the said 2/6

order has not been complied with so far. Therefore, the petitioner has been constrained to file this writ petition for compliance of the order passed by the second respondent.

3.

The learned counsel appearing for the first respondent would submit that as against the order passed by the second respondent, they preferred appeal before the Cooperative Tribunal on 12.07.2024. He also produced the extract of the filing record. It shows that the first respondent filed appeal as against the order passed by the second respondent only on 12.07.2024 and it is pending in SR stage and no interim order has been granted as against the order passed by the second respondent. 4.

In view of the above, the first respondent is directed to comply with the order passed by the second respondent dated 24.12.2019 within a period of two weeks from the date of receipt of copy of this order. It is made clear that the said compliance shall be subject to the result of the appeal filed before the Tribunal. 5.

With the above direction, this writ petition is allowed. 3/6

Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.The Managing Director, Pondicherry Co-op Milk Producers' Union Ltd., Kurumampet, Puducherry 2.The Registrar of Co-op Societies, Puducherry G.K.ILANTHIRAIYAN, J.

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