A.Seenuvasan v. The Joint Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH A.Seenuvasan ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Chengalpattu District, Chengalpattu.

2.The Deputy Registrar of Co-operative Societies, Madurantagam, Chengalpattu District.

3.The Special Officer, G.1699, Payambadi Primary Agriculture Co-operative Society, Saravampakkam Village, Sithamoor Post, Madurantagam Taluk, Chengalpattu District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to revise the pay scale of the petitioner from April 2018 and provide annual increments, on par with his juniors and pay all arrears of salary, pursuant to his representation dated 21.09.2023.

For Petitioner : Mr.R.Veeramani 1/4

For R1 & R2 : Mrs.V. Yamuna Devi, Special Government Pleader For R3 : Mr.G.Ameedius, Government Advocate

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The prayer sought for in this Writ Petition is for a direction to the respondents to revise the pay scale of the petitioner from April 2018 and provide annual increments, on par with his juniors and pay all arrears of salary. In this regard, the petitioner has sent a representation to the respondents on 21.09.2023. The said representation has not been considered till date.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon them to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would 2/4

amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the respondents herein to consider the petitioner's representation dated 21.09.2023, on their own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

13.12.2023 Index:Yes/No Speaking order/Non-speaking order Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Joint Registrar of Co-operative Societies, Chengalpattu District, Chengalpattu.

2.The Deputy Registrar of Co-operative Societies, Madurantagam, Chengalpattu District.

3.The Special Officer, G.1699, Payambadi Primary Agriculture Co-operative Society, Saravampakkam Village, Sithamoor Post, Madurantagam Taluk, Chengalpattu District.

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