Dismissed

A.Lourdu Jeyarani v. The Additional Registrar

Madras HC23 Sept 2019WP/16027/2019

Case brief

AI extract

What is this about?

This High Court, a single judge bench, directed the Additional Registrar of Cooperative Societies to dispose of a pending statutory revision petition filed by the petitioner under Section 153 of the Tamil Nadu Co-operative Societies Act within six weeks, without expressing an opinion on the merits.

What did the court decide?

Direction to the First Respondent to dispose of the Statutory Revision petition within six weeks.

A.Lourdu Jeyarani Vs The Additional Registrar — Pension and Retirement Benefits | Madras HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :23.09.2019 CORAM THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No. 16027 of 2019

A.Lourdu Jeyarani

..Petitioner

The Additional Registrar of Cooperative Societies, Chennai Region, No.91, St. Mary's Road, Abiramapuram, Chennai – 18.

¶6

The Deputy Registrar of Cooperative Societies, (Credit), 3^rd Floor, Kuralagam, Chennai – 108.

¶7

The President, Chennai – Kancheepuram and Thiruvallur District Anganvadi Workers Cooperative Thrift and Credit Society Ltd., XC – 253, Chepauk, Chennai – 5.

¶8

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ order or direction in the nature of writ of Mandamus, directing the 1^st respondent to dispose the Statuary Revision filed under Section 153 of Tamil Nadu Co-operative Societies Act, 1983 by the petitioner on 08.04.2019 within a stipulated time as this Court may fix.

¶9

For Petitioner : Mr.C.Prakasam

¶10

The prayer sought for herein in this Writ Petition is for issuance of a Writ of Mandamus, directing the 1^st respondent to dispose the Statuary Revision, filed under Section 153 of Tamil Nadu Co-operative Societies Act, 1983 by the petitioner on 08.04.2019 within a stipulated time as this Court may fix.

¶11

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

¶12

The case of the petitioner is that the petitioner was appointed as Clerk cum Accountant in the 3^rd respondent Society. While the petitioner was discharging her duties as Accountant, he was suspended from service on 03.02.2014 for the alleged charges on filmsy grounds that the petitioner not properly discharged her duties, but no subsistence allowances were paid from the date of suspension. The 3^rd respondent appointed a domestic Enquiry Officer to enquire the charges on the petitioner and the Enquiry Officer filed his report before the 3^rd respondent. On the basis of the said enquiry report, the 3^rd respondent passed termination order on 28.07.2014.

¶13

Challenging the said termination order, the petitioner approached the 1^st respondent and filed Revision Petition under Section 153 of Tamil Nadu Co-operative Societies Act, but the same was rejected by the 1^st respondent on the ground that the petitioner revision has been filed beyond 90 days i,e., barred by limitation. In this connection, the 1^st respondent passed orders in his proceedings Na.Ka.No.9317/2014/E2, dated 09.12.2014. Challenging the same, the petitioner has preferred a Writ Petition and the same has been disposed and directions was issued to the first respondent to consider the Revision Petition filed by the petitioner. Pursuant thereto, the 1^st respondent considered the Revision Petition and passed order on the same. Based on the said order, the third respondent finally passed an order of termination on 30.11.2015.

¶14

Against which, the petitioner approached the 1^st respondent and preferred Statutory Revision under Section 153 of Tamil Nadu Cooperative Societies Act finally the 1^st respondent passed orders in his proceedings Na.Ka.No. 7686/2015/E2, dated 19.09.2016 whereby setting aside the order of termination and modified the punishment by way of stoppage of seven years increment cut with cumulative effect. After getting orders from the 1^st respondent, the petitioner approached the 2^nd and 3^rd respondents and made request to reinstatement into service by complying with the order passed by the 2^nd and 3^rd respondents. Even though the petitioner made written representation on 24.10.2016, the 2^nd and 3^rd respondents have not passed any orders and not implement their own higher officials order their actions are attracted under Sections 155 and 157 of Tamil Nadu Cooperative Societies Act. Thereafter, the petitioner approached this Court by way of Writ Petition to direct the 2^nd and 3^rd respondents to reinstate the petitioner in the post of Clerk cum Accountant in the 3^rd respondent society by giving all monetary benefit and continuity of service together with balance subsistence allowance arrears by implementing the order of the 1^st respondent. The said Writ Petition also ordered by this Court. In the meantime, the 2^nd and 3^rd respondents have filed

¶15

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

¶16

Review Petition before the 1^st respondent and 1^st respondent without giving any opportunity modified the earlier order dated 19.09.2016, by enhancing the punishment of termination in proceedings Na.Ka.668/2017/E2, dated 29.06.2017 and confirmed the order of the Third Respondent termination. Challenging the said proceedings, the petitioner has filed a Statutory Revision for payment of salary arrears for the period from 01.08.2008 to 30.11.2015 and disburse the same. Since the Statutory Revision Petition has not been considered by the 1^st respondent till date, the petitioner filed this Writ Petition.

¶17

The learned counsel for the petitioner would submit that it would be suffice, if this Court issues a direction to the 1^st respondent to consider the petitioner's Statutory Revision filed under Section 153 of Tamil Nadu Co-op Societies Act, 1983 by the petitioner on 08.04.2019 within a stipulated time frame fixed by this Court.

¶18

The learned Special Government Pleader for the respondents 1 and 2 conceded to the request made by the learned counsel appearing for the petitioner.

¶19

Without expressing any opinion on merits, I am inclined to issue a direction to the first respondent to dispose of the Writ Petitioner's Statutory Revision Petition within a period of six weeks from the date of receipt of a copy of this order.

¶20

With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

¶21

Sd/Assistant Registrar(CCC)

¶22

//True Copy//

¶23

Sub Assistant Registrar

¶24

kmm

¶25

¶26

The Additional Registrar of Cooperative Societies, Chennai Region, No.91, St. Mary's Road, Abiramapuram, Chennai – 18.

¶27

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

¶28

The Deputy Registrar of Cooperative Societies, (Credit), 3^rd Floor, Kuralagam, Chennai – 108.

¶29

+1cc to Mr.C.Prakasam, Advocate sr.82180 +1cc to Mr.L.Chandrakumar, Advocate sr.81733 +1cc to Government Pleader SR.NO. 82268

¶30

W.P.No. 16027 of 2019

¶31

nrl(co) nr 19/11/2019

¶32

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

A.Lourdu Jeyarani v. The Additional Registrar

Case brief

What is this about?

What did the court decide?

A.Lourdu Jeyarani v. The Additional Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

G.Meera Vs G.Manivasan,Ias

K.Boominathan Vs T.Anand

N.Ramakrishnan Vs R.Kirlosh Kumar

B.Manthra Vs The Member Secretary

V.chandrasekaran Vs The Sub Collector

S.Sattanathan Vs State of Tamil Nadu