The court dismissed a petition filed to condone a delay in filing a writ appeal. It rejected the appeal against an order reinstating the respondent with full subsistence allowance, upholding the single judge's judgment which found rights accrued to the respondent.
Dismissal of delay condonation application and rejection of the Writ Appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2020
CORAM :
THE HON'BLE MR.A.P.SAHI, THE CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
CMP.NO.4300 OF 2020 AND WA.NO. SR 2603 OF 2020
Vellore Region Co-operative Societies,
Vellore.
2.The Special Officer, Tirupathur Taluk Co-op. Marketing Society Ltd., 71, Chairman Arumughanar
Road, Tirupathur,
Vellore District 635 601.
..Petitioners/Appellants
-vs-
G.Anandan
..Respondent/Petitioner
Petition filed under Section 5 of the Limitation Act to condone the delay of 355 days in filing the Writ Appeal against the order dated 11.01.2019 passed in W.P.No.10369 of 2013 on the file of this Court.
WP PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Certiorarified Mandamus praying to call for the records relating the proceedings issued by the 2nd respondent order dated 18.05.2010 and the order of the 1st respondent in Revision Petition No.10/2010 A2 in Na Ka 5428/10 A2 dated 28.02.2011 and to wash the same and consequently direct the Respondents herein to reinstate the Petitioner into Service with all consequential Service and amendant benefits.
For Petitioners
: Mr.L.P.Shanmugasundaram Spl.G.P.
For Respondent : Mr.G.Sankaran
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
Heard learned counsel for the petitioners / appellants and learned counsel for the respondent petitioner.
2.This matter was heard by us on 17.07.2020 and we had posed certain questions on which the learned Special Government Pleader had sought time to seek further instructions. The learned Special Government Pleader has not been able to convince us or even point out any such error so as to find fault with the ultimate conclusion drawn by the learned Single Judge. The nonpayment of subsistence allowance has accrued certain rights in favour of the respondent petitioner, which has been categorically recorded by the learned Single Judge.
3.We had posed a query to the learned counsel as to whether the respondent can be reinstated and placed under suspension with full subsistence allowance, to which course of action, the learned counsel for the appellants is not agreeable and to the contrary, still intends to take appropriate action in the matter. We do not find this stand of the appellants to be justified and in the absence of any satisfactory answer from the learned counsel for the appellants, we have no option but to uphold the judgment of the learned Single Judge.
The Writ Appeal fails and is hereby rejected. The delay condonation application is, accordingly, dismissed.
//True Copy//
Sub Assistant Registrar
sra
To
2.The Special Officer, Tirupathur Taluk Co-op. Marketing Society Ltd., 71, Chairman Arumughanar Road, Tirupathur, Vellore District 635 601. Copy to The Sub Assistant Registrar, Writ Section, High Court, Madras 104.
CMP.No.4300 of 2020 and WA.No. SR 2603 of 2020
MG(CO) KKV/08/09/2020
2 issues framed by the court
Whether the delay in filing the writ appeal should be condoned under Section 5 of the Limitation Act.
Whether the learned Single Judge's conclusion regarding the non-payment of subsistence allowance warrants interference.
2 provisions across 2 enactments
The Joint Registrar, Vellore Region Co-operative Societies
The Special Officer, Tirupathur Taluk Co-op. Marketing Society Ltd.
G.Anandan
A.P. Sahi
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
