N.Karthikeyan v. The Additional Registrar Of Co-Operative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.12.2019
CORAM
THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH WP No.35148 of 2019 1.N.Karthikeyan 2.R.Ezhilarasi 3.M.Kayalvizhi 4.N.Nachammai 5.D.Vetri Selvan 6.Jane Jothi 7.J.David Livingston 8.A.Rajeshkumar 9.G.Vijay Anand 10.P.Krishnan 11.K.Anandhan 12.M.Durai Kandasamy 13.P.Sridar 14.C.Cletus Sebastin 15.B.Gayathri 16.V.Raja Rathinam 17.V.Rajagiri 18.R.Chandrababu 19.N.S.Sukumar 20.K.Gunaseelan 21.B.Muthusamy 22.S.Ramkumar 23.P.Vignesh 24.M.Chinthanaiselvan ... Petitioners Vs.
1.The Additional Registrar of Cooperative Societies, "NVN Maaligai"
No.170, E.V.R.Periyar Salai, Kilpauk, Chennai 600 010.
2.The Additional Registrar/ Managing Director, Tamil Nadu Cooperative Societies, "NVN Maaligai"
No.170, E.V.R.Periyar Salai, Kilpauk, Chennai 600 010.
... Respondents PRAYER: Writ petition has been filed under Article 226 of the Constitution of India prays to issue a Writ of Mandamus directing the first respondent to pass order on the representation dated 02.09.2019 seeking consideration of the
benefits of pay scale on merits and within a time to be stipulated by this Court.
For Petitioners: Mr.L.Chandrakumar For Respondents: Mrs.T.Girija, Government Advocate for R1 Mr.L.P.Shanmuga Sundaram Special Government Pleader (co-op) for R2
O R D E R
This writ petition has been filed for issuance of Writ of Mandamus directing first respondent to consider the representation dated 02.09.2019 made by the petitioners and to pass orders within a time frame to be fixed by this Court.
2. The case of the petitioners is that they were appointed as Lecturers in Lalgudi Cooperative Polytechnic College under the Tamil Nadu Cooperative Union on the basis of the Notification calling for selection and appointment during the year 2000 to 2016. It is the further case of the petitioners that the Registrar by proceedings dated 21.08.2008 has decided to grant extension of pay scale to all those employees who were not fitted in the permanent post. As per 12
(3) or 18(1) of ID Act, 1947, settlements were also entered into and the benefits were extended. It is the case of the petitioners that the proceedings of the Registrar of Cooperative Societies dated 15.08.2013, makes it clear that the petitioners are entitled for various relief stated therein on par with regular employees.
3. The petitioners made a representation dated 02.09.2019, seeking for the said relief. It is the further case of the petitioners that this Court had already passed an order directing the respondents to extend the benefits and the petitioners are also entitled for the same relief. Since no action has been taken on the representation made by the petitioners, the present Writ Petition has been filed before this Court, seeking for appropriate direction. 4.Heard Mr.L.Chandrakumar, learned counsel appearing for the petitioners, Mrs.T.Girija, learned Government Advocate appearing for the first respondent and Mr.L.P.Shanmuga Sundaram, learned Special Government Pleader(co-op) appearing for the second respondent.
5. Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this Writ Petition, there shall be a direction to the *Second respondent to consider the representation dated 02.09.2019, made by the petitioners on its own merits and pass appropriate orders in accordance with law, within a period of eight weeks
from the date of receipt of a copy of this order. The petitioners are directed to give a fresh representation along with a copy of the representation dated 02.09.2019 and a copy of this order.
6. The Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS III) *Corrected order already desptached on 30/12/2020 issue fresh order copy as per order of this court dated 26/02/2020 &WMP 4252/2020 in WP.No.35148/2019 -s/dAssistant Registrar(CSIII) dt 20/12/2019 //True Copy// Sub Assistant Registrar To 1.The Additional Registrar of Cooperative Societies, "NVN Maaligai"
No.170, E.V.R.Periyar Salai, Kilpauk, Chennai 600 010.
2.The Additional Registrar/ To be substitue Managing Director, order already Tamil Nadu Cooperative Societies, despatched on "NVN Maaligai"
30/12/2019 No.170, E.V.R.Periyar Salai, Kilpauk, Chennai 600 010.
+2cc to Mr.L.Chandrakumar, Advocate Sr.105490 +1cc to Mr.L.P.Shanmugasundaram, Advocate Sr.105397 +1cc to the Special Government pleader Sr.105835 WP No.35148 of 2019 rsk[co] srg 20/12/2019 aa01/07/2020