K.Elangovan, v. The Registrar Of Co-Operative

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2018

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD) No.12201 of 2018 K.Elangovan ... Petitioner -vs1. The Registrar of Co-operative Societies, Kilpauk, Chennai.

2. The Joint Registrar of Co-operative Societies,

3. The Deputy Registrar of Co-operative Societies,

4. The President, OT. 1877, Thanjavur District Public Works Employees Co-operative Credit Society, Co-op. Super Market upstairs, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a WRIT OF MANDAMUS directing first respondents to grant the petitioner's pay within the time that may be stipulated by this Court.

For Petitioner : Mr.G.M.Xavier For Respondents : Mr.D.Muruganantham Additional Government Pleader *****

O R D E R

The prayer sought for in this writ petition is for a Writ of Mandamus, directing the respondents to grant the petitioner's pay within the time that may be stipulated by this Court.

2. Heard Mr.G.M.Xavier, learned Counsel appearing for the petitioner as well as Mr.D.Muruganantham, learned Additional Government Pleader, who takes notice for the respondents.

3. The learned Counsel appearing for the petitioner would submit that, the petitioner, in order to get selection grade pay, has sent a representation on 21.11.2016 to the respondents. Though the same has been received by the respondents, so far, no orders have been passed and therefore, the petitioner is before this Court.

4. The learned Counsel for the petitioner would further submit that, if the said representation of the petitioner dated 21.11.2016 is directed to be considered by the respondents and an order to that effect is directed to be passed within a time frame that may be stipulated by this Court, the petitioner would be satisfied.

5. Per contra, the learned Additional Government Pleader appearing for the respondents would submit that, the benefit claimed by the petitioner through his representation may not be applicable to him and therefore, his case cannot be accepted.

6. Be that as it may, the said issue can be decided at the time of consideration of the petitioner's representation and if the petitioner is not entitled to get the benefit, the same can also be given as a reason for rejecting the claim of the petitioner in the order to be passed by the respondents.

7. In view of the limited scope of the prayer sought for, this writ petition is disposed of, with the consent of both sides at the admission stage itself, with the following direction: "that the petitioner's representation dated 21.11.2016 shall be considered by the respondents, especially, respondents 2 & 3 and a reasoned order to that effect shall be passed on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs."

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Registrar of Co-operative Societies, Kilpauk, Chennai.

2. The Joint Registrar of Co-operative Societies,

3. The Deputy Registrar of Co-operative Societies, gk AE/SV MMS/SAR1/25.06.2018/3P/4C W.P.(MD)No.12201 of 2018 08.06.2018