The Principal Secretary To Government, v. Daniel Elango.V

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.(MD)No.10992 of 2024 1.The Principal Secretary to Government, Department of Co-operation, Food and Consumer Protection, Secretariat, Fort St.George, Chennai-600 009.

2.The Registrar of Cooperative Societies, No.170, EVR Periyar Highways, Kilpauk, Chennai-600 010.

3.The Joint Registrar of Cooperative Societies, Dindigul Region, Dindigul.

... Appellants / Respondents Vs.

V.Daniel Elango ... Respondent / Writ Petitioner PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order made in W.P.(MD)No.25660 of 2022, dated 19.09.2023 by allowing the writ appeal. 1/6

For Appellants : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.A.Kannan Additional Government Pleader For Respondent : Mrs.S.Meena

JUDGMENT

(Judgment of the Court was made by G.R.SWAMINATHAN, J.) The State is on appeal questioning the order dated 19.09.2023 passed by the learned single Judge allowing W.P.(MD)No.25660 of 2022 filed by the respondent herein.

2. The respondent herein retired as Deputy Registrar in the Co-operative Department. His grievance was that his junior Rajagopal was drawing higher pay and this pay anomaly ought to be set right. He specifically contended that he joined service earlier in point of time. He was also promoted as Deputy Registrar earlier in point of time compared to Rajagopal. His request for rectifying the pay anomaly was rejected by the Joint Registrar of Co-operative Societies, Dindigul Region vide proceedings dated 22.02.2022 and also by the Registrar of 2/6

Co-operative Societies vide proceedings dated 23.09.2022. Challenging the same, W.P.(MD)No.25660 of 2022 was filed and the learned single Judge allowed the writ petition.

3. The learned Additional Advocate General has filed a comparative table. It can be seen therefrom that while the writ petitioner joined as Senior Inspector on 13.03.1989, K.Rajagopal with whom the writ petitioner seek to compare himself joined only on 23.3.1990. In the year 1996, both were granted promotion to the post of Co-operative Sub Registrar. While Rajagopal joined in the promotional post ie., on 30.09.1996, the writ petitioner herein raised objection saying that since he was senior, he ought not to have been transferred but retained in Madurai. In this regard, he submitted an application on 01.10.1996 and the following order was passed :- 3/6

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4. It is because the writ petitioner joined in the promotional post nearly 2 1⁄2 years after Rajagopal, the pay anomaly has arisen. The situation is entirely the writ petitioner's own making. It is also to be noted that while Rajagopal got promotion as Deputy Registrar after getting selection grade as well as special grade, the writ petitioner was not given any special grade. This also contributed to the pay anomaly. The pay anomaly has been satisfactorily explained by the learned Additional Advocate General and unfortunately, these aspects were not brought to the notice of the learned single Judge.

5. In this view of the matter, the order of the learned single Judge is set aside. The Writ Appeal is allowed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S., J.) (K.R.S., J.) 21.07.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No rmi 5/6

G.R.SWAMINATHAN, J.

AND K.RAJASEKAR, J.

rmi W.A(MD) No.1421 of 2024 21.07.2025 6/6