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[Cites 1, Cited by 0]

Madras High Court

M.Rajendran vs The Secretary To Government on 18 September, 2020

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                          W.P.No.11284 of 2013

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 18.09.2020

                                                     CORAM

                                THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                            W.P.No.11284 of 2013

                      M.Rajendran                                    ... Petitioner

                                                          Vs.

                      1.The Secretary to Government,
                        Cooperation, Food and Consumer Protection Department,
                        Fort St.George, Chennai – 600 009.

                      2.The Additional Registrar of Co-Operative Societies,
                        (Marketing, Planning and Development),
                        Kilpauk, Chennai – 10.

                      3.The Chairman, Common Cadre Authority/
                        Joint Registrar of Coop. Societies,
                        Tanjore Region, Tanjore.

                      4.The Special Officer,
                        Alivalam Primary Agricultural
                        Co-op Credit Society, Alivalam,
                        Pattukottai Taluk,
                        Tanjore District.                            ... Respondents



                      Prayer:
                            Petition filed under Article 226 of the Constitution of India to
                      issue a Writ of Certiorarifed Mandamus calling for the entire records
                      relating to the impugned order passed by the 3rd respondent in his
                      proceedings Na.Ka.No.8634/2006 Sa.Pa, dated 23.08.2010 and the
                      same was confirmed by the 2nd respondent in his proceedings

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                                                                                        W.P.No.11284 of 2013

                      Na.Ka.86600/2010 Sa.Pa1 dated 25.01.2011 and the same was
                      modified    as    if   the   compulsory    retirement        in     G.O.(2D)     No.4,
                      Cooperation, Food & Consumer Protection (CN2) Department, dated
                      04.02.2013       by    the   1st   respondent   and   quash         the   same    and
                      consequently direct the respondents to reinstate the petitioner into
                      service with all attendant benefits and other backwages.

                                   For Petitioner  : M/s.C.Prakasam
                                   For Respondents : Mr.L.P.Shanmugasundaram for R1 & R2
                                                     Special Government Pleader (Co.op.)
                                                     Ms.T.P.Savitha for R4
                                                     Government Advocate


                                                           ORDER

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarifed Mandamus calling for the entire records relating to the impugned order passed by the third respondent in his proceedings in Na.Ka.No.8634/2006 Sa.Pa, dated 23.08.2010 and the same was confirmed by the second respondent in his proceedings Na.Ka.86600/2010 Sa.Pa1 dated 25.01.2011 and the same was modified as if the compulsory retirement in G.O.(2D) No.4, Cooperation, Food & Consumer Protection (CN2) Department, dated 04.02.2013 by the first respondent and to quash the same and to consequently direct the respondents to reinstate the petitioner into service with all attendant benefits and other backwages.

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2.The learned counsel appearing for the petitioner reports 'no instructions'.

3.The learned Special Government Pleader (Co.op.) submits that during the pendancy of this writ petition, the petitioner consented for receiving pensionary benefits and accordingly, the entire pensionary benefits to the tune of Rs.7,31,412/- was settled in favour of the petitioner on 31.01.2017. Hence, nothing survives for adjudication in this writ petition.

4.In view of the submission made by the learned Special Government Pleader (Co.op.), this writ petition is closed. No costs.

18.09.2020 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4 http://www.judis.nic.in W.P.No.11284 of 2013 M.DHANDAPANI,J.

pri To

1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, Fort St.George, Chennai – 600 009.

2.The Additional Registrar of Co-Operative Societies, (Marketing, Planning and Development), Kilpauk, Chennai – 10.

3.The Chairman, Common Cadre Authority/ Joint Registrar of Coop. Societies, Tanjore Region, Tanjore.

4.The Special Officer, Alivalam Primary Agricultural Co-op Credit Society, Alivalam, Pattukottai Taluk, Tanjore District.

W.P.No.11284 of 2013

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