Annalingam.K v. The Registrar Of Cooperative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH K.Annalingam ... Petitioner Vs.

1.The Registrar of Cooperative Societies, Office of Registrar of Cooperative Societies, N.V.Natarajan Maaligai, 170, EVR Highways, Kilpauk, Chennai-10.

2.The Deputy Registrar, Cooperative Societies, Palayamkottai, 3.The Joint Registrar, Cheranmahadevi,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondent Nos.2 and 3 to take necessary steps to sanction the salary increment to the petitioner as eligible as per the Circular No.14 of 2018 issued by the first respondent in the light of the G.O.No.189 of the Cooperative, Food and Consumer Protection Department, Tamil, within stipulated time that may be fixed by this Court.

For Petitioner : Mr.S.Ayyanar Prem Kumar For Respondents : Mr.P.Thilak Kumar, Government Pleader.

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given a representation to the respondents on 05.11.2021 seeking for sanction of his salary increment. Since the said representation was not considered, the present writ petition has been filed.

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3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the second and third respondents herein to consider the petitioner's representation dated 05.11.2021, in the light of the Circular No.14 of 2018 issued by the first respondent and by calling for proposal from the President, EE 442 Primary Agricultural Cooperative Credit Society, Kaval Kinaru, Kanyakumari District, on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

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

Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Registrar of Cooperative Societies, Office of Registrar of Cooperative Societies, N.V.Natarajan Maaligai, 170, EVR Highways, Kilpauk, Chennai-10.

2.The Deputy Registrar, Cooperative Societies, Palayamkottai, 2/3

3.The Joint Registrar, Cheranmahadevi, +1 CC to M/s.SPL.GP ( SR-25163[F] dated 10/06/2022 ) 09.06.2022 SB(CO) KB(20.06.2022) 3P 5C 3/3