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Madras High CourtWP/33854/2019disposed of

D.Venkata Krishna Rao v. The Registrar

2019-12-04Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.No.33854 of 2019 1.D.Venkata Krishna Rao 2.M.Sadagopan 3.L.Chandrasekar 4.A.Mohammed Sahul Hameed 5.T.Nagarajan 6.S.Thayumanaswamy 7.D.L.Vijayadass 8.M.Dhakshnamurthy 9.M.Kumar 10.S.Padhmanaban 11.P.H.Balasubramaniyan 12.K.M.R.Sekar 13.S.Natrajan 14.K.Radhakrishnan 15.D.Ganesan ... Petitioners -Vs1. The Registrar, Office of the Registrar of Co-Operative Societies, Kilpauk, Chennai - 10.

2. Managing Director, Triplicance Urban Co-operative Society Ltd., Triplicane, Chennai - 600 005.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant retrospective regularization to the petitioner for timely promotion, revision of scales of pay and other monetary and service benefits including pension by strictly complying clause 6(i) of the special By-laws and in pursuant to our representations dated 07.09.2018 and 11.01.2019. For Petitioners : Mr.Krishnasamy Chinnasamy For Respondents : Mrs.L.P.Shanmuga Subramani Special Government Pleader

ORDER

This writ petition has been filed seeking for the issuance of writ of mandamus directing the respondents to regularize the petitioners with retrospective effect and consequentially to grant promotion and revision of scale of pay and settle the monetary benefits.

2.It is seen from records that the petitioners were appointed in the 2nd respondent Co-operative Society from the year 1987 as Sales Assistant. Their services were regularized in the year 1999 and they attained superannuation in the year 2015. The petitioners claim for retrospective regularization and consequently for revision of scale of pay and monetary benefits. Therefore, they made a representation to the respondents and since the same has not been considered, the present writ petition has been filed seeking for appropriate directions. 3.Heard Mr.Krishnasamy Chinnasamy, learned counsel appearing on behalf of the petitioners and Mr.L.P.Shanmuga Sundaram, learned Special Government Pleader appearing on behalf of the respondents.

4.Taking into consideration the facts and circumstances of the case and the limited prayer that has been sought for by the petitioner, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner dated 07.09.2018 and 11.01.2019 and pass appropriate orders, strictly in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.

5.This writ petition is disposed of with the above direction. No Costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar ssr To

1. The Registrar, Office of the Registrar of Co-Operative Societies, Kilpauk, Chennai - 10.

2. Managing Director, Triplicance Urban Co-operative Society Ltd., Triplicane, Chennai - 600 005.

3. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.L.P.Shanmuga Sundaram, Advocate sr 101454. +2 CCS to M/s. Krishnasamy Chinnasamy, Advocate sr 101078 +1 CC to The Spl. Govt. Pleader ( Co Op) sr 10623. W.P.No.33854 of 2019 AD(CO) SP(10/12/2019)