Madras High CourtWP(MD)/3631/2018disposed of

Sanjeevi, v. The Joint Director Of

2019-02-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.3631 of 2018 Sanjeevi ... Petitioner Vs.

1.The Joint Director of Co-operative Societies, Collector Office Campus, Dindigul, Dindigul District.

2.The Managing Director, MD.104, Dindigul Central Co-operative Bank Limited, Co-operative Nagar, Trichy Road, Dindigul.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the respondents to sanction and disburse the arrears of salary for the period from 23.07.1994 to 01.07.1996 with all monetary benefits by considering the representation of the petitioner, dated 18.10.2016 within the time frame fixed by this Court.

For Petitioner :

Mr.S.C.Herold Singh For R - 1 :

Mr.S.Angappan, Government Advocate.

For R - 2 :

Mr.D.Shanmugaraja Sethupathi

ORDER

This writ petition has been filed seeking issuance of a writ of Mandamus, to direct the respondents to sanction and disburse the arrears of salary by considering the representation of the petitioner, dated 18.10.2016 within the time frame fixed by this Court.

2.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the first respondent and the learned counsel appearing for the second respondent. 3.The learned counsel appearing for the petitioner submitted that the petitioner was appointed as Supervisor Secretary at Madurai Central Co-operative Bank. While so, the petitioner was suspended from service on 23.07.1994 and subsequently, the suspension was revoked by communication, dated 02.07.1996. Thereafter, he was permitted to retire from service on 31.01.1997. Since the suspension https://hcservices.ecourts.gov.in/hcservices/

was revoked, the petitioner sent a representation to the respondents on 18.10.2016 seeking arrears of salary for the period from 23.07.1994 to 01.07.1996 with all monetary benefits and the same has not been considered by the respondents so far. Therefore, the petitioner has filed the present Writ Petition. 4.The learned counsels appearing for the respondents 1 and 2 submitted that the representation of the petitioner would be considered on merits.

5.In such view of the matter, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner, dated 18.10.2016 seeking for arrears of salary and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD-I) /True Copy/ Sub Assistant Registrar To 1.The Joint Director of Co-operative Societies, Collector Office Campus, Dindigul, Dindigul District.

2.The Managing Director, MD.104, Dindigul Central Co-operative Bank Limited, Co-operative Nagar, Trichy Road, Dindigul.

+1cc to Mr.S.C.Herold Singh, Advocate, SR.No.51168 +1cc to Special Government Pleader, SR.No.50912 W.P(MD)No.3631 of 2018 28.02.2019 SP/08.02.2019/ 2P/5C https://hcservices.ecourts.gov.in/hcservices/