M.Kalayan Kumar v. The Registrar Of Co-Operative Societies (Housing)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31.01.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.780 of 2024 M.Kalayan Kumar ... Petitioner Vs.
1.The Registrar of Co-operative Societies (Housing), Tamil Nadu Co-Operative Housing Society, Composite Complex, No.48, Rithortan Road, Veperi, Chennai 600007.
2.The Deputy Registrar (Housing), No.2, T.T.Salai, Mani Nagaram, Virudhunagar Region, Virudhunagar.
3.The President, A1321 Karaikudi Co Operative House Building Society Ltd, No.20, Sanmugaraja Road, T.T.Nager, Karaikudi.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to forthwith pay the salary of the petitioner to the tune 1/5
of Rs.34,59,749/- for the period from October 2013 to up to 2023 in the writer in charge in the third respondent Society. For Petitioner : Mr.G.Thiruvarutselvan For Respondents : Mr.J.John Rajadurai Government Advocate
ORDER
This Writ Petition has been filed for issuance of a Writ of Mandamus seeking to direct the respondents to forthwith pay the salary of the petitioner to the tune of Rs.34,59,749/- for the period from October 2013 to up to 2023 in the writer in charge in the third respondent Society.
2.Mr.G.Thiruvarutselvan, learned counsel appearing for the petitioner, Mr.J.John Rajadurai, learned Government Advocate appearing for the respondents and perused the entire materials available on record.
3.The petitioner was appointed as a Junior Writer in the third respondent Society on 10.01.2000. Subsequently, the petitioner was selected as a Junior Clerk in the said Society vide proceedings dated 10.01.2000, on consolidated pay of Rs.700/-. The petitioner 2/5
was also called upon to pay a sum of Rs.1,000/- as security deposit. On 28.08.2000, the third respondent Society made the petitioner permanent in the post of Junior Writer under 'C' category. The petitioner was continuously working in the said Society without any interference upto 2013. Thereafter, the petitioner was not paid with salary from August 2013 till date. Hence, the petitioner made a representation on 10.11.2022 to the respondents seeking to pay his salary from August 2013. However, the same was not considered. Hence, the Writ Petition came to be filed.
4.The learned Government Advocate appearing for the respondents submitted that the third respondent Society is running in loss and only due to insufficient funds, the third respondent Society is not in a position to make payment of salary. 5.However, considering the limited scope of relief sought for by the petitioner, this Court hereby directs the third respondent College to consider the representation of the petitioner dated 10.11.2022 and pass appropriate orders in accordance with law within a period of twelve weeks from the date of receipt of copy of this order.
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6.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.
31.01.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn To 1.The Registrar of Co-operative Societies (Housing), Tamil Nadu Co-Operative Housing Society, Composite Complex, No.48, Rithortan Road, Veperi, Chennai 600007.
2.The Deputy Registrar (Housing), No.2, T.T.Salai, Mani Nagaram, Virudhunagar Region, Virudhunagar.
3.The President, A1321 Karaikudi Co Operative House Building Society Ltd, No.20, Sanmugaraja Road, T.T.Nager, Karaikudi.
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L.VICTORIA GOWRI, J.
Mrn W.P.(MD)No.780 of 2024 31.01.2024 5/5