A.Joseph Mary v. The Revisional Authority/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2022

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY A.Joseph Mary ... Petitioner Vs.

1. The Revisional Authority/Regional Joint Director of Co-operative Societies, Ramanathapuram, Ramanathapuram District.

2. The Joint Registrar/Managing Director, Ramanathapuram District Central Co-operative Bank Ltd., Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the entire records pertaining to the order passed by the first respondent, vide his proceedings in Na.Ka.No.2614/2015/SaPa, dated 30.04.2015 and quash the same and consequently, direct the first respondent to take the petitioners Revision Petition, dated 31.03.2015 on 1/5

his file and further direct him to deal with the same in accordance with law.

For Petitioner : Mr.R.Anand For Respondents : Mr.C.Baskaran Government Advocate

ORDER

This Writ Petition is filed challenging the impugned order, dated 30.04.2015.

2. The petitioner has availed Medical leave from 19.06.2013 to 17.08.2013. The respondents have treated the said period as leave on Loss of Pay, vide order dated 10.10.2014. Aggrieved over the same, the petitioner has filed Revision Petition before the first respondent. The first respondent has dismissed the Revision Petition on the ground that the Revision Petition was filed beyond the period of limitation. The respondent has not granted any opportunity to the petitioner before passing such order. The impugned order was passed on 10.10.2014 and 2/5

the Review Application was filed on 31.03.2015. Since there was delay of only five months, this Court is inclined to condone the delay. Therefore, the delay is condoned.

3. The matter is remitted back to the first respondent. The first respondent is directed to consider the claim of the petitioner on merits and pass order on merits without referring to the ground of delay. The first respondent shall consider and pass order within a period of twelve

(12) weeks from the date of receipt of copy of this order.

4. With the above said direction, this Writ Petition is allowed. No costs.

04.11.2022 Index :

Yes / No Internet :

Yes / No jbr 3/5

To

1. The Revisional Authority/Regional Joint Director of Co-operative Societies, Ramanathapuram, Ramanathapuram District.

2. The Joint Registrar/Managing Director, Ramanathapuram District Central Co-operative Bank Ltd., Ramanathapuram, Ramanathapuram District.

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S.SRIMATHY, J jbr Order made in 04.11.2022 5/5