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Madras High CourtWP/35421/2025disposed of

N.Gopu v. The Registrar

2025-09-18Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.35421 of 2025 N.Gopu ... Petitioner Vs

1. The Registrar, Co-operative Societies, Kilpauk, Chennai - 600 010.

2. The Joint Registrar, Co-operative Societies, Thiruvallur Region, Thiruvallur District.

3. The President, J.J.744 Vilapakkam Primary Agricultural Co-operative Credit Society, Vaivasi Kandigai Village, Karikalavakkam Post - 602 021 Thiruvallur Taluk & District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, by directing the respondents 1 to 3 herein to release the balance subsistence allowance of a sum of Rs.1,98,703/- and subsequently to pay the D.A. Gratuity, enhancement of earned leave, EPF on the basis of the amended pay scale as per the petitioner's appeal dated 02.04.2024, 29.10.2024 to the first respondent herein and subsequently 1/6

petitioner's representation dated 10.01.2025 to the second respondent herein and pass orders.

For Petitioner :

Mr.Thamizhavel For Respondents :

Ms.E.Ranganayaki Additional Government Pleader for R1 and R2 Mr.R.Murthi Government Advocate for R3

ORDER

Ms.E.Ranganayaki, learned Additional Government Pleader accepts notice on behalf of the first and second Respondents and Mr.R.Murthi, learned Government Advocate accepts notice for the third respondent. With consent of the learned counsels on either side, this writ petition is taken up for final disposal.

2. This Writ Petition has been filed to direct the respondents 1 to 3 herein to release the balance subsistence allowance of a sum of Rs.1,98,703/- and subsequently to pay the D.A., gratuity, enhancement of earned leave and EPF on the basis of the amended pay scale as per the petitioner's appeal dated 02.04.2024, 29.10.2024 to the first respondent herein and subsequently the 2/6

petitioner's representation dated 10.01.2025 to the second respondent herein.

3. The case of the petitioner is that the petitioner was appointed as a Salesman in the third respondent's office and was subsequently suspended from service on 25.07.2013 without the issuance of any prior show cause notice. From the date of the suspension till the date of retirement, no subsistence allowance was paid to him. Aggrieved by the same, the petitioner preferred a revision, pursuant to which, the second respondent passed an order. However, despite such order, no subsistence allowance was disbursed. Hence, the petitioner filed W.P.No.6400 of 2020, which was disposed of with a direction to the third respondent to pay the subsistence allowance for the said period. In compliance with the said order, Rs.1,65,204/- was paid to him, however, the balance amount of Rs.1,98,703/- remains unpaid till date.

Despite several representations made by the petitioner, no action was taken. Therefore, he filed an appeal, but no orders have been passed. Subsequently, the petitioner submitted a representation dated 10.01.2025 requesting disbursement of the balance amount. Hence, the present petition has been filed for the aforesaid relief.

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4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the first and second respondents and the learned Government Advocate for the third respondent.

5. Though several grounds have been raised, this Court finds that it would be appropriate to issue a direction to the third respondent, without going into the merits of the case, to consider the representation of the petitioner dated 10.01.2025 and pass orders, on its own merits, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not made any observation with regard to the merits of the petitioner's claim.

6. With the above direction, this Writ Petition is disposed of. No costs.

18.09.2025 (1⁄2) dh Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking order 4/6

To

1. The Registrar, Co-operative Societies, Kilpauk, Chennai - 600 010.

2. The Joint Registrar, Co-operative Societies, Thiruvallur Region, Thiruvallur District.

3. The President, J.J.744 Vilapakkam Primary Agricultural Co-operative Credit Society, Vaivasi Kandigai Village, Karikalavakkam Post - 602 021 Thiruvallur Taluk & District.

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A.D.JAGADISH CHANDIRA.J dh W.P.No.35421 of 2025 18.09.2025 (1⁄2) 6/6