P.Murughanantham v. The Principal Secretary To Govt.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM P.Murughanantham ... Petitioner Vs.

1.The Principal Secretary to Government Co-operative, Food and Consumer, Protection Department, Fort St.George, Chennai-600 009.

2.The Registrar of Co-operative Societies, NVN Natarajan Maligai, Kilpauk, Chennai-10.

3.The President, Y-232, Kurunthancode Primary Agricultural Co-operative Credit Society Ltd., Kurunthancode Post, Kalkulum Taluk, Kanyakumari District-629 802.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to fix the pay scales along with 97% DA from 01.04.2008 and pay the same to the petitioner from 01.04.2008 with interest in the light of the order passed in W.P(MD).Nos.9140 of 2014 dated 19.12.2018.

For Petitioner :

Mr.R.Saravanan For Respondent :

Mr.M.Ramesh Government Advocate for RR1 and 2 Mr.P.Mahendran for R3

O R D E R

The relief sought for in the present Writ Petition is to direct the respondents to fix the pay scales along with 97% of Dearness Allowance from 01.04.2008 and pay the same to the petitioner from 01.04.2008 with interest, in the light of the order passed in W.P(MD).Nos.9140 of 2014 dated 19.12.2018. 1/3

2. Admittedly, the writ petitioner is working in the Primary Agricultural Co-operative Society which is a registered Co-operative Society under the provisions of the Tamil Nadu Co-operative Societies Act, 1983. However, the Co-operative Society, which is not funded by the Government, is not a State within the meaning of Article 12 of the Constitution of India. Furthermore, the petitioner has to exhaust the alternate remedy provided under the Co-operative Societies Act. Section 153 of the Act contemplates Revision and before approaching the High Court, the aggrieved employee of the Cooperative Society has to exhaust the remedy contemplated under the Act. The practice of directly approaching the High Court without exhausting the statutory remedy cannot be encouraged.

The importance of the statutory remedies is to be considered by the Courts. The Statutory Authorities are exhausting quasi judicial powers and therefore, they are bound to adjudicate both factual aspects and legal grounds raised between the parties. Thus, the legislative intention to provide an opportunity for re-dressal of grievances at no circumstances be undermined by the High Court. All such remedies are to be exhausted before approaching the High Court. Only on exemptional circumstances, if certain damage costs cannot be restored, then alone, such alternate remedies are to be dispensed with, but not otherwise. The principles in this regard are settled by this Court in the case of K.Marappan vs. The Deputy Registrar of Co-operative Societies, reported in 2006 4 (CTC) 689.

Thus, the petitioner has to approach the Competent Revisional Authority under the Act for re-dressal of his grievances and if he has aggrieved any further, he has to approach the Court of law for appropriate relief. In the event of filing any such revision petition, the period during which the writ petition is pending before this Court is to be taken into consideration for condoning the huge delay and the issues are to be adjudicated on merits and in accordance with law.

3. Accordingly, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb 2/3

To 1.The Principal Secretary to Government Co-operative, Food and Consumer, Protection Department, Fort St.George, Chennai-600 009.

2.The Registrar of Co-operative Societies, NVN Natarajan Maligai, Kilpauk, Chennai-10.

3. The President, Y-232, Kurunthancode Primary Agricultural Co-operative Credit Society Ltd., Kurunthancode Post, Kalkulum Taluk, Kanyakumari District-629 802.

+1 CC to M/s.R. SARAVANAN, Advocate ( SR-16811[F] dated 06/04/2022 ) 04.04.2022 RD(20.04.2022) 3P 5C 3/3