The Secretary To Government v. M.Anbalagan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the First day of November Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.DURAISWAMY and The Hon`ble Mr.Justice K.MURALI SHANKAR IN WA(MD)SR.No.52375 of 2018 1 THE SECRETARY TO GOVERNMENT FOOD AND CO-OPERATION, FORT ST.GEORGE, CHENNAI-600 009.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, N.V.M MALLIGAI,KILPAUK, CHENNAI-600 010.
3 THE REGIONAL JOINT REGISTRAR OF CO-OPERATIVE SOCITIES, MULTISTORISED BUILDING, KAJAMALAI,TRICHY-20.
4 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLEGE ROAD,VADUGAPATTI, MUSIRI TALUK,TRICHY DISTRICT. ... PETITIONERS/APPELLANTS Vs M.ANBALAGAN ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to Condone the delay of 466 days in representing the above Writ Appeal in W.A(MD).SR.52375 of 2018.
PRAYER IN WA(MD)SR.No.52375 of 2018:
Petition filed under Clause 15 of Letters Patent Act to set aside the partial order dated 01.03.2018 made in WP(MD)No. 13818 of 2017 by quashing the impunged charge Memo issued by the Appellant/4th Respondent (the Deputy Registrar of Co-operative Societies, Trichirappalli Region ) dated 23.06.2014 in Na.Ka.No.3314/2013/Sa. Pa.by allowing this Writ Appeal.
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PRAYER IN WP(MD)No.13818 of 2017:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records of the respondents resulting in the 4th respondent's Impugned charge memo dated 23.06.2014 issued in Na.Ka.No.3314/2013/Sa.Pa. and consequential proceedings of the 3rd Respondent in Rc.No.2831/17/OM, dated 27.06.2017 served on 30.06.2017 in not permitting the petitioner to retire from service and quash the same and to direct the Respondents to permit the petitioner to retire from service on attaining the actual age of superannuation i.e., from 30.06.2017 and to pay all attendant, monetary benefits, back wages and all other retiremental benefits including DCRG and regular pension etc., and further treat the suspension periods as duty and also to pay full salary for the period from 23.05.2014 to 30.06.2017.
ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.P.THILAK KUMAR,Government Pleader, for the petitioners, the court made the following order:- (Order of the Court was made by M.DURAISWAMY,J) There is a delay of 466 days in representing the papers. 2.Though the petitioners have satisfactorily explained the reasons for the delay in the affidavit filed in support of the petition, since the delay is on the higher side, we are of the considered view that the delay can be condoned on payment of costs. 3.Accordingly, the delay of 466 days in representing the papers is condoned on condition that the petitioner paying a sum of Rs.
1,000/- (Rupees One Thousand Only) as costs to the Madurai Bench of Madras High Court Advocates Welfare Fund (Current Account No.7087208431, Indian Bank, Madurai High Court Branch, IFSC Code No.IDIB000H040) within a period of two weeks from the date of receipt of a copy of this order, failing which, the petition shall stand dismissed automatically without further reference to the Court.
4.Accordingly, the petition is ordered.
sd/- 01/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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ps 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.
TO 1 THE SECRETARY TO GOVERNMENT FOOD AND CO-OPERATION, FORT ST.GEORGE, CHENNAI-600 009.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, N.V.M MALLIGAI,KILPAUK, CHENNAI-600 010.
3 THE REGIONAL JOINT REGISTRAR OF CO-OPERATIVE SOCITIES, MULTISTORISED BUILDING, KAJAMALAI,TRICHY-20.
4 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLEGE ROAD,VADUGAPATTI, MUSIRI TALUK,TRICHY DISTRICT.
COPY TO THE OFFICER INCHARGE ADVOCATE WELFARE FUND, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.SPL.GP ( SR-7811[I] dated 02/11/2021 )
ORDER
IN IN WA(MD)SR.No.52375 of 2018 Date :01/11/2021 PKP/VR/SAR-2/09.11.2021/3P/7C 3/3