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Madras High CourtWP(MD)/15972/2020disposed of

P. Lakshmanan v. The Registrar

2020-11-11Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.11.2020

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.15972 of 2020 P.Lakshmanan ... Petitioner vs.

1.The Registrar, Office of the Registrar of Co-operative Societies, 170, EVR High Road, Kilpauk, Chennai- 600 010.

2.The Joint Registrar, Office of the Joint Registrar of Coop Societies Opposite to Women's College, Sivagangai Post and District.

3.The Deputy Registrar, Office of the Deputy Registrar of Coop Societies, Opposite to Women's College, Sivagangai Post and District.

4.The President, R.S.851, Sivagangai District Judicial Employees Cooperative Thrift and Credit Society Ltd, No.3/2A, Marudhupandiar Nagar Eastern Road, Sivagangai.

5.The Administrator, R.S.763, Sivagangai Thiruppuvanam Panchayat Union Teachers and Employees Co-op Thrift and Credit Society Ltd., Opposite to: Women's College, (DR Office) Sivagangai. 630 562.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 to 5 to fix new scale of pay as per circular in R.C.No.12738/2010 V.A dated 7.10.2010 and consequently disburse the petitioner's arrear salary amount, retirement benefit and all other attendant benefits to him based on the petitioner's representation dated 31.08.2020, within the period stipulated by this Court. For Petitioner :

Mr.C.G.Pethanaraj For Respondents :

Mr.M.Karuppasamy Government Advocate

ORDER

The Writ Petition is filed seeking a direction to the respondent to fix new scale of pay as per circular in R.C.No.12738/2010 V.A dated 7.12.2010, consequently disburse the petitioner's arrear salary amount, retirement benefit and all other attendant benefits, after considering his representation dated 31.08.2020 within the time limit as fixed by this Court.

2. Heard the learned Counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that he was appointed as Secretary in the 5th respondent Society on 28.07.1992 and he retired from service on 30.06.2018. The grievance of the petitioner is that he was not sanctioned with the regular revision of pay as sanctioned to his co-employees Balasubramanian and Sivakumar. Therefore, after his retirement, he made the representations on 15.08.2020 and 31.08.2020 respectively. Since the same have not been considered so far, the present Writ Petition is filed before this Court.

4. The learned Government Advocate appearing for the respondents submitted that the representation of the petitioner would be considered on merits and in accordance with law within a time frame as fixed by this Court.

5. Considering the nature of the relief as sought for by the petitioner, without going into the merits of the case, the third respondent is directed to consider the representation of the petitioner dated 31.08.2020, seeking revision of his scale of pay and arrears of pay, gratuity amount and retirement benefits and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) cp

To 1.The Registrar, Office of the Registrar of Co-operative Societies, 170, EVR High Road, Kilpauk, Chennai- 600 010.

2.The Joint Registrar, Office of the Joint Registrar of Coop Societies Opposite to Women's College, Sivagangai Post and District.

3.The Deputy Registrar, Office of the Deputy Registrar of Coop Societies, Opposite to Women's College, Sivagangai Post and District.

4.The President, R.S.851, Sivagangai District Judicial Employees Cooperative Thrift and Credit Society Ltd, No.3/2A, Marudhupandiar Nagar Eastern Road, Sivagangai.

5.The Administrator, R.S.763, Sivagangai Thiruppuvanam Panchayat Union Teachers and Employees Co-op Thrift and Credit Society Ltd., Opposite to: Women's College, (DR Office) Sivagangai. 630 562.

+1 CC to M/s.R. SARAVANAN, Advocate ( SR-21865[F] dated 11/11/2020 ) +1 CC to M/s.GP ( SR-22080[F] dated 18/11/2020 ) W.P(MD)No.15972 of 2020 11.11.2020 ARK(CO) AP(26/11/2020) 3 P 8C