Madras High CourtWP(MD)/11146/2019disposed of

P.Nesammal Selvarani, v. The Managing Director,

2019-04-30Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.11146 of 2019 P.Nesammal Selvarani ... Petitioner Vs.

1.The Managing Director, Tuticorin District Central Cooperative Bank Limited, 109/5D, Ettayapuram Road, Polepettai, Tuticorin-628 002, Tuticorin District.

2.The Joint Registrar of Cooperative Societies, T.R.Naidu Street, Annai Clinic 1st Floor, Tuticorin-1, Tuticorin District.

3.The Registrar of Cooperative Societies, 170, N.V.N. Maaligai, E.V.R. High Road, Kilpauk, Chennai-10.

... 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 re-fix the petitioner's seniority in the cadre of Assistant Manager on 19.07.2007 and re-fix her seniority cadre of Manager notionally with effect from 22.05.2010 onwards by considering her representation, dated 29.03.2019 within time stipulated by this Court and to pay all other monetary benefits. For Petitioner :

Mr.D.Selvanayagam For R - 1 :

Mr.D.Shanmugaraja Sethupathi For R2 & R3 : Mrs.J.Padmavathy Devi, Special Government Pleader.

ORDER

This writ petition has been filed seeking a direction to the respondents to re-fix the petitioner's seniority in the cadre of Assistant Manager on 19.07.2007 and to re-fix her seniority cadre of Manager notionally with effect from 22.05.2010 by considering her representation, dated 29.03.2019 within a time limit to be stipulated by this Court and to pay all other monetary benefits.

2.Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the first respondent and the learned Special Government Pleader appearing for the respondents 2 and 3. 3.According to the petitioner, seeking re-fixation of seniority in the cadre of Manager notionally with effect from 22.05.2010, she submitted a representation, dated 29.03.2019 to the respondents and non-consideration of the same resulted in filing of the present writ petition.

4.The learned counsel appearing for the respondents submitted that the representation of the petitioner would be considered by the first respondent on merits.

5.In view of the above, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representation of the petitioner, dated 29.03.2019 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner, 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.

Sd/- Assistant Registrar (AE) / True Copy / Sub Assistant Registrar(CS) ps To 1.The Managing Director Tuticorin District Central Cooperative Bank Ltd 109/5D, Ettayapuram Road, Polepettai, Tuticorin-628002 Tuticorin District.

2.The Joint Registrar of Cooperative Societies T.R.Naidu Street, Annai Clinic 1st Floor, Tuticorin-1, Tuticorin District.

3.The Registrar of Cooperative Societies, 170, N.V.N. Maaligai, E.V.R. High Road, Kilpauk, Chennai-10.

+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-64129[F] dated 30/04/2019 ) +1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-64397[F] dated 30/04/2019 ) W.P(MD)No.11146 of 2019 30.04.2019 ES/20.05.2019/3P/6C