Dismissed

Tamilnadu Gandhiya Anaithu v. The Secretary to Government

Madras HC7 Jul 2017WP/8085/2017

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking directions to ensure compliance with a Government Order regarding basic pay fixation for cooperative society employees, noting that the Registrar had already issued a circular mandating strict adherence to such orders.

What did the court decide?

The Court refused to issue any further directions as the Registrar had already ordered Joint Registrars to comply with the relevant Government Order.

Tamilnadu Gandhiya Anaithu Vs The Secretary… — Pension and Retirement Benefits | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.07.2017

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CORAM

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

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W.P.No.8085 of 2017

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Tamil Nadu Gandhiya Anaithu Kooturavu Thurai Paniyalargal Sangam, (Regd. No.586/DRP), rep.by its State President C.Sakthivel, S/o.P.M.Chinnu,

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A.Pallipatti Post, Pappireddipatty Taluk, Dharmapuri District. ... Petitioner

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Vs.

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1.The Secretary to Government, Food and Co-operation Department, Fort St.George, Chennai – 600 009.

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2.The Registrar of Co-operative Societies, E.V.R. Periyar Road, (Poonamallee High Road),

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Kilpauk, Chennai – 600 010. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of MANDAMUS, directing the respondents to issue suitable directions to all Joint Registrar of Co-operative Societies to strictly adhere the G.O.Ms.No.137 Co-operative, Food and Consumer Protection Department, dated 09.11.2015 in so far relate to fixation of the basic pay as mentioned in the annexure to the said G.O. by taking note of seniority of the respective salesmen and packers.

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For Petitioner : Mr.C.Prakasam

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For Respondents: Mr.L.P.Shanmugasundaram,

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Special Government Pleader O R D E R

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Heard Mr.C.Prakasam, learned counsel appearing for the petitioner and Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents. With the consent of the learned counsel appearing on either side, the Writ Petition is taken up for final disposal at the admission stage.

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https://hcservices.ecourts.gov.in/hcservices/

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2.The relief sought for in the writ petition is for a direction to the respondent to issue suitable directions to all Joint Registrar of Co-operative Societies to strictly adhere the G.O.Ms.No.137 ,Co-operative, Food and Consumer Protection Department, dated 09.11.2015. In so far relates to fixation of basic pay to the employees of Co-operative Societies.

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3.The petitioner is a Sangam filed this Writ Petition with such a larger prayer. The learned counsel appearing for the writ petitioner contended that the societies are not following the Government Order issued in G.O.Ms.No.137, Co-operative, Food and Consumer Protection Department, dated 09.11.2015 in its letter and spirit. Thus, the writ petitioner-sangam is forced to file this writ petition.

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4.Opposing the contention, the learned Special Government Pleader urged that there is a circular issued in this regard by the Registrar of Co-operative Societies to all Regional Joint Registrar of Co-operative Societies and such a circular is available in page No.31 of the typed set of papers filed along with this writ petition.

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5.This Court perused the circular dated 07.01.2016 issued by the Registrar of Co-operative Societies to all Regional Joint Registrar of Co-operative Societies. The circular issued by the Registrar of Co-operative societies states that all Joint Registrar should ensure that the Government Orders are scrupulously followed in this regard.

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6.Such being the circular issued by the Registrar of Cooperative Societies to all the Joint Registrar of Co-operative Societies, no further consideration or adjudication is required in this writ petition.

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7.Accordingly, the Writ Petition stands dismissed and however, no order as to costs.

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ah/rpa

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https://hcservices.ecourts.gov.in/hcservices/

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1. The Secretary to Government, Food and Co-operation Department, Fort St.George, Chennai – 600 009.

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2. The Registrar of Co-operative Societies, E.V.R. Periyar Road, (Poonamallee High Road), Kilpauk, Chennai – 600 010.

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