U.David Abraham, v. The Joint Registrar Of Co- Op

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.11175 of 2017 U.David Abraham , Assistant Manager, 0726, The Prakasapuram Co-operative Urban Bank Ltd., Prakasapuram, Tuticorin District.

..Petitioner Vs.

1 The Joint Registrar of Co-operative Societies, Tuticorin, Tuticorin District.

2.The Managing Director, (Deputy Registrar of Co-operative Societies), 0726, The Prakasapuram Co-operative Urban Bank Ltd., Prakasapuram - 628 616, Tuticorin District.

3.0726 The Prakasapuram Co-operative Urban Bank Ltd., Prakasapuram 628 616, Tuticorin District, Rep. by its President. .. Respondents PRAYER:Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to instruct the respondents 2 and 3 to pay the petitioner arrears of salary in the promoted post of Assistant Manager with effect from 14.11.2004 together with interest by considering his representation, dated 23.08.2016, on merits and in accordance with law within the period that may be stipulated by this Court.

For Petitioner : Mr.M.E.Ilango For R-1 & R-2 : Mr.S.Murugan, Government Advocate.

O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Mandamus, directing the first respondent to instruct the respondents 2 and 3 to pay the petitioner arrears of salary in the promoted post of Assistant Manager with effect from 14.11.2004 together with interest by considering his representation, dated 23.08.2016, on merits and in accordance with law within the period that may be stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2.

3. Mr.S.Murugan, learned Government Advocate, takes notice for the respondents 1 and 2. By consent, the Writ petition itself is taken up for final disposal.

4. Though the Writ petition is for issuing a Writ of Mandamus to give positive direction to the first respondent, the learned counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the first respondent to consider the representation of the petitioner, dated 23.08.2016, on merits and dispose of the same within the time stipulated by this Court.

5. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the petitioner, without expressing any opinion on the merits of the petitioner's case, this Court is inclined to issue the following direction:- "The first respondent is directed to consider the representation of the petitioner, dated 23.08.2016, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To

1. The Joint Registrar of Co-operative Societies, Tuticorin, Tuticorin District.

2. The Managing Director, (Deputy Registrar of Co-operative Societies), 0726, The Prakasapuram Co-operative Urban Bank Ltd., Prakasapuram - 628 616, Tuticorin District.

+1cc to M/S. M.E.ILANGO, Advocate, SR.No.60515. ORDER MADE IN W.P.(MD).No. 11175 of 2017 16.06.2017 pmu SDS/GT/SAR 1/30.06.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/