Madras High Court
L.Ramesh vs The Joint Registrar Of Co-Op on 11 March, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P.No.5528 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
W.P.No.5528 of 2022
L.Ramesh ... Petitioner
vs.
1.The Joint Registrar of Co-op.
Societies,
Kancheepuram Region,
Kancheepuram District.
2.The Management of G.3414,
Kayarambedu Primary Agricultural
Co-op. Credit Society Ltd.,
Rep. by its President,
Kayarambedu, Guduvancherry,
Kancheepuram District.
3.The Management of Kancheepuram
District Consumer Co-op. Wholesale
Stores Ltd.,
Rep. by its President, 185,
Prakasam Salai, Broadway,
Chennai – 600 108. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the 1st and 2nd
respondents to consider the representation dated 20.12.2021 and 14.02.2022
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W.P.No.5528 of 2022
made by the petitioner herein to pay the monthly salary to the petitioner for
the period of past seven months from August 2021 to February 2022 on par
with other employees of the 2nd respondent herein and pass appropriate orders
within a stipulated time period as may be fixed by this Court.
For Petitioner : Mr.T.Sundaravadanam
For Respondents : MS.Anitha
Special Government Pleader
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. The case of the petitioner in brief:
The petitioner was appointed as Salesman in the 2nd respondent society and while he was working in Nandivaram Shop No.1, he was given additional charge to the Nandivaram Shop No.4 for the period from
3.10.2015 to 8.10.2015, and due to bogus sales of stock, he was suspended from the service on 12.10.2015 Thereafter, an order of dismissal dated 19.08.2016 was issued by the 2nd respondent. Till date subsistence allowance 2/6 https://www.mhc.tn.gov.in/judis W.P.No.5528 of 2022 was not paid to the petitioner and he has paid an amount of Rs.1,04,200/- to the 2nd respondent and having received the amount, the petitioner has been penalized with dismissal order without giving an opportunity in the domestic enquiry. Therefore, challenging the aforesaid dismissal order, the petitioner filed an application before the DCL, Teynampet, Chennai-18, to set aside the dismissal order which was dismissed on 18.09.2017 and as against the said order, he has filed W.P.No.26175 of 2017 and the same was allowed on 29.06.2021, directing the 2nd respondent to issue a show cause notice and pass appropriate order. Subsequently, the 2nd respondent issued a show cause notice and passed orders by reinstating the petitioner in the 2nd respondent bank and allocated work in PDS shop. But, the respondents have not paid salary to the petitioner from 12.08.2021 onwards. Therefore, he made representations to the 1st and 2nd respondents on 20.12.2021 and 14.02.2022 to pay the monthly salary to the petitioner for the period from August 2021 to February 2022. However, the petitioner's representation was not considered by the respondents till date. Hence, this writ petition.
3. The learned Special Government Pleader submitted that, the representation of the petitioner will be considered by the authorities 3/6 https://www.mhc.tn.gov.in/judis W.P.No.5528 of 2022 concerned and appropriate orders will be passed, in accordance with law, within a time frame as fixed by this court.
4. Inview of the above submissions and also considering the limited scope of prayer, without expressing any opinion on merits, this court is inclined to direct the 1st and 2nd respondents to consider the representation of the petitioner dated 20.12.2021, and pass appropriate orders on its own merits and in accordance with law, as expeditiously as possible, within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of at the admission stage itself. No costs.
11.03.2022
Index : Yes / No
Internet : Yes / No
ata/uma
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W.P.No.5528 of 2022
To
1.The Joint Registrar of Co-op. Societies, Kancheepuram Region, Kancheepuram District.
2.The President, The Management of G.3414, Kayarambedu Primary Agricultural Co-op. Credit Society Ltd., Kayarambedu, Guduvancherry, Kancheepuram District.
3.The President, District Consumer Co-op. Wholesale Stores Ltd., 185, Prakasam Salai, Broadway, Chennai – 600 108.
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