Dismissed

P. Chelldurai, v. the Joint Director of

Madras HC28 Feb 2018WP(MD)/9860/2013

Case brief

AI extract

What is this about?

The court dismissed a writ petition seeking salary payment for a cooperative society employee. Ruling that the society is not 'State' under Article 12, the court held Article 226 is not applicable, directing the petitioner to seek revision under the Tamil Nadu Co-operative Societies Act.

What did the court decide?

The writ petition is dismissed as not maintainable with no order as to costs.

P. Chelldurai, Vs the Joint Director of — Cooperative Societies | Madras HC (2018)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 28.02.2018

¶4

CORAM

¶5

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

¶6

W.P.(MD) No.9860 of 2013

¶7

P.Chelladurai ... Petitioner

¶8

-vs-

¶9

The Joint Director of Co-operatives, Virudhunagar Zone,

¶10

Virudhunagar.

¶11

The Special Officer,

¶12

Q.874,M.Rediapatti Primary Agricultural Cooperative Bank,

¶13

M.Reddiapatti, Virudhunagar District. ... Respondents

¶14

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to pay the salary to the Petitioner under the pay scale of Rs.1040-40-1200-50-1500-60-1680-80-2080-90-2440-100-2540 by considering his representation dated 6.2.2013.

¶15

For Petitioner : M/s.T.Lenin Kumar For Respondent-1 : Mr.R.Sethuraman, Special Govt.Pleader For Respondent-2 :M/s.R.Anandraj

¶16

O R D E R

¶17

The grievances of the Writ Petitioner is that the time scale of pay as applicable to him has not been paid. However, the Writ Petitioner has to submit a representation to the management of the Co-operative Society. If his grievances are not redressed, then he can approach the competent authority under the provisions of the Tamil Nadu Co-operative Societies Act by way of revision under Section 153 of the 'Act'. However, no writ can be entertained in respect of the grievances of the employees of the co-operative societies directly under Article 226 of the Constitution of India, since the co-operative society is not a ''State'' within the meaning of Article 12 of the Constitution of India. The legal https://hcservices.ecourts.gov.in/hcservices/ principles in this regard are settled by the Larger Bench of this Court in the case of Marappan .vs. The Deputy Registrar of

¶18

¶19

Cooperative Societies, Namakkal, reported in 2006(4)CTC 689 .Thus the Petitioner is at liberty to approach the appropriate authorities for redressal of his grievances and thereafter to file a revision under the provisions of the 'Act'.

¶20

2.In this view of the matter, no further adjudication is required in this Writ Petition. Accordingly, the Writ Petition is dismissed as not maintainable. However, there shall be no order as to costs.

¶21

Sd/-

¶22

Assistant Registrar(CS-II)

¶23

/True Copy/

¶24

Sub Assistant Registrar

¶25

¶26

The Joint Director of Co-operatives, Virudhunagar Zone,

¶27