Dismissed

S.Ramasamy, Aged 61 Years v. the Commissioner

Madras HC31 Oct 2017WP/34808/2013

Case brief

AI extract

What is this about?

The Court dismissed a writ petition regarding salary and pension arrears owed to a retiree. It held that writ jurisdiction does not extend to employees of co-operative societies, requiring exhaustion of remedies under the Tamil Nadu Co-operative Societies Act.

What did the court decide?

The writ petitioner is granted liberty to approach the competent authority under the provisions of the Tamil Nadu Co-operative Societies Act, specifically Section 153, for settlement of arrears. The w

S.Ramasamy, Aged 61 Years Vs the Commissioner — Pension and Retirement Benefits | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED :31.11.2017

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CORAM

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THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.34808 of 2013

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S.Ramasamy ..Petitioner

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1.The Commissioner, Agricultural Department, Tamil Nadu Agro Engineering Service, Chepauk, Chennai – 600 005.

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2.The President, Alathur Agro Engineering Service, Co-operative Centre – (YA9) Alathur, Taluk – 621 109. .. Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent for order to disburse petitioner's arrears of salary and other benefits including attendants benefits as per audit report year by year and till date.

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For Petitioner : M/s.G.Natarajan For Respondents : M/s.T.Girija Government Advocate(Co-op) for R1

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http://www.judis.nic.in

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O R D E R

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The writ petitioner was an employee of the 2^nd respondent Corporation

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which is registered under the provisions of the Tamil Nadu Co-operative Societies Act. The writ petitioner was holding the post of sales man cum Writer in the 2^nd respondent Corporation. The writ petitioner retired from service on 30.04.2011. However, the terminal and pensionary benefits have not been settled and in this regard, a writ petition is filed seeking a direction

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to disburse the arrears of salary and other benefits to the writ petitioner.

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2.This Court is of the view that no writ can be entertained against the

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Co-operative Society in respect of the employees of the Co-operative Society. The employees of the Co-operative Society have to exhaust the remedies available under the provisions of the Tamil Nadu Co-operative Societies Act. The legal principles settled in this regard has been settled by the larger Bench

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of this Court in the case of K.Marappan Vs. Deputy Registrar of Coperative

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societies, Namakkal Circle, Namakkal 636 001 and another reported in 2006 4 CTC 689 . The writ petitioner has to avail the remedy provided under

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the Tamil Nadu Co-operative Societies Act, more specifically, Section 153 of

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the Tamil Nadu Co-operative Societies Act. Thus, the writ petitioner is granted liberty to approach the competent authority under the provisions of the Act.

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http://www.judis.nic.in

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3.Thus, no further adjudication is required on merits in this writ

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petition. Accordingly, the writ petition is dismissed as non-maintainable. However, there shall be no order as to costs.

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31.10.2017

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kak Speaking Order/Non-Speaking Order:Yes/No Index:Yes/No Internet:Yes/No To 1.The Commissioner, Agricultural Department, Tamil Nadu Agro Engineering Service, Chepauk, Chennai – 600 005. 2.The President, Alathur Agro Engineering Service, Co-operative Centre – (YA9) Alathur, Taluk – 621 109.

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S.M.SUBRAMANIAM J

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http://www.judis.nic.in

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kak

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W.P.No.34808 of 2013
31.10.2017

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http://www.judis.nic.in