K.Murugesan v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.[MD]No.17511 of 2020 K.Murugesan ... Petitioner Vs.

1.The Registrar, Co-operative Societies, O/o. Registrar of Co-operative Societies, No.170, Periyar E.V.R. Road, Kilpauk, Chennai.

2.The Deputy Registrar, Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Mariamman Kovil Arch, Annavasal Road, Pudukottai.

3.The Special Officer, M.M.16, The Pudukottai Urban Co-operative Stores Ltd., T.S.No.3033 & 3034 "Amma Valagam", East 2nd Street, Pudukkottai-622 001.

... Respondents PRAYER : This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation dated 02.03.2020 and thereby directing to regularize the petitioner service with monetary benefit.

For Petitioner : Mr.D.R.Murugesan For Respondents : Mr.A.Thiyagarajan Government Advocate

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.This Writ Petition has been filed to direct the respondents 1 and 2 to consider the petitioner's representation dated 02.03.2020 and thereby directing to regularize the petitioner's service with monetary benefit.

3.It is contention of the petitioner that he was joined in the 1/3

third respondent Urban Co-operative Societies Ltd., on 01.11.1989 as Packer and by an order dated 09.03.2001, the third respondent granted time scale of pay at Rs.1100-25-1150-30-1160. On completion of 15 years of service with the third respondent's Society, a selection grade was given and the petitioner's pay was revised with effect from 29.12.2010. However, his service was not regularized. In this regard, the petitioner made several representations to the respondents. The first respondent has also sent a communication to its subordinates regarding the regularization of the employees, who were appointed prior to 12.03.2001. However, the respondents 2 and 3 have not chosen to pass any orders to regularize the service of the petitioner. Therefore, he made another representation dated 02.03.2020.

The second respondent has also forwarded the same to the third respondent for appropriate action and the same is still pending on the third respondent. Since the respondents failed to take action on the representation made by the petitioner, he has filed this writ petition for appropriate reliefs. 4.The learned Government Advocate appearing for the respondents would fairly submit that the representation of the petitioner will be disposed of on merits and in accordance with law. 5.In view of the submissions made by the learned counsel appearing on either side, this Court directs the third respondent to consider the representation of the petitioner dated 02.03.2020 and pass appropriate orders by taking into consideration of the proceedings of the first respondent dated 10.10.2017 and the communication of the second respondent dated 18.03.

2020 within a period of eight weeks from the date of receipt of a copy of this order on merits and in accordance with law.

6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To:- 1.The Registrar, Co-operative Societies, O/o. Registrar of Co-operative Societies, No.170, Periyar E.V.R. Road, Kilpauk, Chennai.

2.The Deputy Registrar, Co-operative Societies, O/o. Deputy Registrar of Co-operative Societies, Mariamman Kovil Arch, Annavasal Road, Pudukottai.

3.The Special Officer, M.M.16, The Pudukottai Urban, Co-operative Stores Ltd., T.S.No.3033 & 3034 "Amma Valagam", East 2nd Street, Pudukkottai-622 001.

+1 CC to M/s.D.R.MURUGESAN, Advocate ( SR-24110[F] dated 07/12/2020 ) W.P.[MD]No.17511 of 2020 03.12.2020 PK(CO) KB(15.12.2020) 3P 5C 3/3