Muthuramalingam.M.P. v. The Registrar Of Co-Operative Societies (Housing)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.P.Muthuramalingam ... Petitioner Vs.
1.The Registrar of Co-Operative Societies (Housing), Tamil Nadu Cooperative Housing Society, Composite Complex, No. 48, Ritharton Road, Vepery, Chennai - 600 007.
2.The Deputy Registrar (Housing) No. 3, T.T.Salai, Mani Nagaram, Virudhunagar Region, Virudhunagar.
3.The President A1321 Karaikudi Cooperative House Building Society Ltd., No. 28, Church 6th Street, T.T.Nagar, Karaikudi-630 001.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to forthwith pay the salary to the petitioner to the tune of Rs.34,87,670/- for the period from October, 2013 to October, 2022 in the post of Clerk / Secretary - in Charge in the third respondent Society. For Petitioner : Mr.C.Mahadevan For Respondents : Mr.N.Ramesh Arumugam - for R1 & R2 Government Advocate : Mr.P.R.Prithiviraj - for R3
O R D E R
This writ petition has been filed to direct the respondents to forthwith pay the salary to the petitioner to the tune of Rs.34,87,670/- for the period from October, 2013 to October, 2022 in the post of Clerk / Secretary - in Charge in the third respondent Society.
2. The case of the petitioner is that the petitioner was appointed as a Clerk in the third respondent Society on 23.07.1999. The said Society has been formed with an object of constructing and allotting house sites for the general public at Karaikudi and for the said purpose, the Society has also purchased lands and sold the same to its members. There was two post vacancy in the respondent Society and after obtaining sanction and obtaining permission, the third respondent Society called for eligible persons from the Employment Exchange and a list was sent by the Employment Exchange on 09.07.1999 and subsequently, the petitioner was selected as a Clerk in the third respondent Society vide order, dated 23.07.1999 and the petitioner was appointed as Clerk in the consolidated pay of Rs.700/-. Since the petitioner is working as Clerk in the third respondent Society without any complaint whatsoever, subsequently, by
proceedings, dated 10.01.2000 the petitioner's post was made permanent and the scale of pay was increased from Rs.1150/- to Rs.1200/- and the third respondent Society had paid the salary upto 2013. From August 2013, the petitioner was not paid salary, thereby, for payment of salary, the petitioner made a representation, dated 10.11.2022 and the same was not considered. Hence, the present writ petition is filed with the aforesaid prayer.
3. The learned counsel appearing for the petitioner submitted that it would suffice this Court may issue a direction to the third respondent to consider the petitioner's representation, dated 10.11.2022 and pass appropriate orders within a reasonable time.
4. Considering the limited request made by the learned counsel for the petitioner, this Court directs the third respondent to consider the petitioner's representation, dated 10.11.2022 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs.
09.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No RM To 1.The Registrar of Co-Operative Societies (Housing), Tamil Nadu Cooperative Housing Society, Composite Complex, No. 48, Ritharton Road, Vepery, Chennai - 600 007.
2.The Deputy Registrar (Housing) No. 3, T.T.Salai, Mani Nagaram, Virudhunagar Region, Virudhunagar.
M.DHANDAPANI,J.
RM 09.02.2023