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Madras High CourtWP(MD)/3733/2017disposed of

S.Vasudevan, v. The Secretary

2017-03-02Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.3733 of 2017 S.Vasudevan ... Petitioner Vs.

1.The Secretary to Government, Co-operative, Food and Consumer Protection Department, Secretariat, Chennai - 600 009.

2.The Registrar of Cooperative Societies, N.V.N.Maligai, E.V.R.High Road, Kilpauk, Chennai - 600 010.

3.The Joint Registrar of Cooperative Societies, Madurai Region,Lady Doak College, Madurai - 625 002.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus,directing the first respondent ie.,the Secretary to Government, Cooperative, Food and Consumer Protection Department, Chennai to pass appropriate orders on the Petitioner's representation dated 7.11.2016 regarding sanction of the last increment which fell due on 1.7.2004 as per the provisions contained under 26(a) Appendix (ix) in FR and as per the dictum of the Honourable Supreme Court and High Courts in number of cases within the specified time fixed by this Court. For Petitioner :

M/s.S.Visvalingam For Respondents :

Mr.M.Rajarajan Government Advocate

O R D E R

This Writ Petition has been filed, seeking a direction to the first respondent ie.,the Secretary to Government, Cooperative, Food and Consumer Protection Department, Chennai to pass appropriate orders on the Petitioner's representation dated 7.11.2016 regarding sanction of the last increment which fell due on 1.7.2004 as per the provisions contained under 26(a) Appendix (ix) in FR and as per the dictum of the Honourable Supreme Court and High Courts in number of cases within the specified time fixed by this Court.

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2.Mr.M.Rajarajan,learned Government Advocate takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.

3.The case of the Petitioner is that he lastly served as Cooperative Sub-Registrar, Madurai under the control of Joint Registrar of Co-operative Societies, Madurai Region, Madurai and retired from service on 30.6.2004 on attaining the age of superannuation. The Petitioner's only disappointment is that his last increment fell on 1.7.2004. Despite many representations given for the relief sought for in the prayer, the authorities concerned has not considered the same and lastly on 7.11.2016, the Petitioner made a representation with the same request and since the said representation did not evoke any response, the petitioner is before this Court with the relief stated supra.

4. The counsel for the respondents would submit that it is agreeable for the respondents to consider the representation of the petitioner and pass orders thereon.

5.In view of the submission, the respondents concerned is directed to consider the representation of the petitioner, dated 07.11.2016 and to pass appropriate orders on the same in accordance with law, within a period of two months from the date of receipt of a copy of this order, if there is no other legal impediment to do so.

6.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1.The Secretary to Government, Co-operative, Food and Consumer Protection Department, Secretariat, Chennai - 600 009.

2.The Registrar of Cooperative Societies, N.V.N.Maligai, E.V.R.High Road, Kilpauk, Chennai - 600 010.

3.The Joint Registrar of Cooperative Societies, Madurai Region,Lady Doak College, Madurai - 625 002.

+1cc to Special Government Pleader, SR No.12299 +1cc to S.S.Visvalingam, Advocate, Sr No.12066 W.P.(MD) No.3733 of 2017 02.03.2017 vsn MS/SV.MMS/13.03.2017/sp.6c https://hcservices.ecourts.gov.in/hcservices/