K.Sivaraman v. The Additional Registrar Of Co-Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE K.Sivaraman ... Petitioner Vs.
1. The Additional Registrar of Co-Operative Societies, Chennai Region, 91, St.Maries Road, Abiramapuram, Mylapore, Chennai - 600 004.
2. The Managing Director, North Madras Co-Operative Whole Sale Stores Ltd, No.58, Inrahim Salai, Chennai - 600 001.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider petitioner's representation dated 11.11.2022 and pay the difference amount of subsistence allowance Rs.1,17,628/- with interest as per the calculation of the petitioner.
For Petitioner : Mr.S.Pushpakaran For Respondents : Mr.P.Sathish Additional Government Pleader 1/5
O R D E R
By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
2. Mr.P.Sathish, learned Additional Government Pleader accepts notice for the respondents.
3. This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to pass final orders on the petitioner's representation dated 11.11.2022 seeking for payment of the difference amount of subsistence allowance i.e., Rs.1,17,628/- together with interest, within the time frame to be fixed by this Court.
4. According to the petitioner, he was suspended from service and thereafter he was paid subsistence allowance. He has also now been terminated from service. According to him, the calculation of subsistence allowance by the respondents is wrong and therefore, he was not paid the correct subsistence allowance while he was under suspension. According to him, there is a difference of Rs.1,17,628/- due 2/5
and payable by the respondents towards subsistence allowance. He has given a representation on 11.11.2022 for the said purpose. Since the representation has not been considered till date, he has filed this writ petition.
5. Heard Mr.S.Pushpakaran, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for the respondents.
6. No prejudice would be caused to respondents if the petitioner's representation as stated supra is considered on merits and in accordance with law within a time frame to be fixed by this Court.
7. For the foregoing reasons, this Court directs the second respondent to pass final orders on merits and in accordance with law on the petitioner's representation dated 11.11.2022, seeking for payment of the difference amount of subsistence allowance i.e., Rs.1,17,628/-, within a period of eight weeks from the date of receipt of a copy of this order.
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8. With the aforesaid direction, the writ petition is disposed of. No costs.
07.12.2022 Index: Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order ham/vsi2 To
1. The Additional Registrar of Co-Operative Societies, Chennai Region, 91, St.Maries Road, Abiramapuram, Mylapore, Chennai - 600 004.
2. The Managing Director, North Madras Co-Operative Whole Sale Stores Ltd, No.58, Inrahim Salai, Chennai - 600 001.
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ABDUL QUDDHOSE, J.
ham/vsi2 W.P. No.32881 of 2022 07.12.2022 5/5