Madras High CourtWP(MD)/19861/2017disposed of

V.Manimegala, v. The Registrar Of Co-Operative

2019-03-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.03.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19861 of 2017 V.Manimegala ... Petitioner vs.

1.The Registrar of Co-operative Societies, No.170, Periyar EVR High Ways, Keelpakkam, Chennai - 10.

2.The Joint Registrar of Co-operative Society, Karur Division,Karur District.

3.The LN Samuthiram Primary Agricultural Co-operative Society, LN Samuthiram, Vadivel Nagar,Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to direct the second and third respondents to implement the revision of pay as per the circular of the first respondent dated 28.02.2014 and to pay the gratuity and leave salary encashment of the petitioner along with 18% interest who attained the age of superannuation on 31.05.2017.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.S.Anagappan Government Advocate for R.1 and R.2 : No appearance for R.3

ORDER

The Writ Petition is filed seeking a direction to the first respondent to direct the second and third respondents to implement the revision of pay as per the circular of the first respondent dated 28.02.2014 and to pay the gratuity and leave salary encashment of the petitioner along with 18% interest.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2 and perused the materials available on record.

3. The case of the petitioner is that she was appointed as a Clerk in the third respondent Society in the year 1984 and after rendering unblemished service, she retired from service on 31.05.2017 on attaining the age of superannuation. However, the gratuity amount paid to her, has not been settled by the respondents. In this regard, she made a representation on 18.07.2017. Since no action is forthcoming, the present Writ Petition is filed by the petitioner.

4. The learned Counsel appearing for the petitioner submitted that the first respondent forwarded the representation of the petitioner to the second respondent by communication dated 10.08.2017. Hence, he seeks appropriate orders to the second respondent to consider the claim of the petitioner.

5. The learned Government Advocate appearing for the respondents 1 and 2 fairly submitted that the respondent authorities would consider the representation of the petitioner on merits.

6. In view of the above, without going into the merits of the case, the respondents are directed to consider the representation of the petitioner dated 18.07.2017 and pass appropriate orders on merits and in accordance with law and also in the light of the communication dated 10.08.2017 of the first respondent, within a period of six weeks from the date of receipt of a copy of this order.

7. The Writ Petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Registrar of Co-operative Societies, No.170, Periyar EVR High Ways, Keelpakkam, Chennai - 10.

2.The Joint Registrar of Co-operative Society, Karur Division, Karur District.

3.The LN Samuthiram Primary Agricultural Co-operative Society, LN Samuthiram, Vadivel Nagar, Karur District.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate in SR-55804 W.P(MD)No.19861 of 2017 ssl PK/22.04.2019 : 3P/5C 21.03.2019