Vanaja S v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH S.Vanaja ... Petitioner -vs1.The Secretary, O/o. the Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

2.The Registrar of Cooperative Societies, O/o. Registrar of Cooperative Societies, Chennai.

3.The Joint Registrar of Cooperative Societies, O/o. Joint Registrar of Cooperative Societies Nagercoil Circle, Nagercoil, Kanyakumari.

4.The Deputy Registrar of Cooperative Societies, O/o. The Deputy Registrar of Cooperative Societies, Nagercoil Circle, Nagercoil, Kanyakumari.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to regularise the

petitioner's service period between 01.07.2013 to 05.08.2021 to be treated under eligible leave and to provide all the consequential benefits, by considering the petitioner's representation dated 12.03.2025, within the time period stipulated by this Court.

For Petitioner : Mr.G.Karthik for M/s.Roy and Roy Associates For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to the second respondent to regularise the petitioner's service for the period from 01.07.2013 to 05.08.2021 by treating the same as eligible leave and to extend all consequential benefits, by considering the petitioner's representation dated 12.03.2025, within a time frame to be stipulated by this Court.

2. According to the petitioner, she was initially appointed as a 'Saleswoman' on 27.06.1981 and through a series of promotions, she came to hold the post of 'Secretary' in the Primary Agricultural Cooperative Credit Society. While serving in the said capacity at Society No.1494, she was suspended on 01.07.2013 based on baseless allegations made by the President of the Society.

Subsequently, she was terminated from service with effect from 23.10.2014 by order dated 29.11.2014. However, the third respondent, vide proceedings dated 04.07.2019, which was also confirmed by him on 30.12.2020, directed that the period from 01.07.2013 until the date of rejoining service be treated as eligible leave and further directed that all consequential benefits be granted. Despite the said order, the benefits have not been granted to the petitioner till date. In this regard, the petitioner has also submitted a representation dated 12.03.2025. Since the same has not been considered so far, the petitioner has filed this Writ Petition seeking appropriate relief.

3. Heard both sides.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under

Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent to consider the representation of the petitioner dated 12.03.2025, on its own merits and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. NCC : Yes / No 14.07.2025 Index : Yes / No smn2

To:- 1.The Secretary, O/o. the Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar E.V.R. High Road, Kilpauk, Chennai - 600 010.

2.The Registrar of Cooperative Societies, O/o. Registrar of Cooperative Societies, Chennai.

3.The Joint Registrar of Cooperative Societies, O/o. Joint Registrar of Cooperative Societies Nagercoil Circle, Nagercoil, Kanyakumari.

4.The Deputy Registrar of Cooperative Societies, O/o. The Deputy Registrar of Cooperative Societies, Nagercoil Circle, Nagercoil, Kanyakumari.

VIVEK KUMAR SINGH , J.

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