Disposed

K.Gopalakrishnan v. The Registrar

Madras HC3 Jan 2023WP/35239/2022

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus directing Registrar to dispose of his pending revision against dismissal and consider unpaid subsistence allowance. Court directed disposal within twelve weeks and addressed subsistence payment.

What did the court decide?

The petitioner's writ petition is disposed of with a direction to dispose of the revision within twelve weeks and to consider subsistence allowance payment.

K.Gopalakrishnan Vs The Registrar — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.35239 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 03.01.2023

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Coram:

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THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE

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W.P.No.35239 of 2022 and W.M.P. No.34701 of 2022

K.Gopalakrishnan

... Petitioner

Vs.

1.The Registrar of Co-op. Societies, M.V.Natarajan Maaligai, No.170, Periyar E.V.R.Kilpauk, Chennai – 600 010.

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2.The Joint Registrar of Co-op.Societies, Common Cadre Chairman, Villupuram Region, Villupuram District.

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3.President,

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CL.SPL.93 – Rettanai Primary Agricultural Co-op. Society Ltd., Tindivanam Taluk, Tindivanam. ... Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to dispose of the petitioner's Revision against his dismissal order passed by the second respondent in Na.Ka.No.9255/2019 Tho.Ve.Sa. Dated 05.03.2020 within a time frame that may be stipulated by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P.No.35239 of 2022

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For Petitioner : Mr.R.Karunagaran For Respondents : Mr.E.Sundaram, Government Advocate for R1 and R2

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Mr.K.Tamilvendan, Government Advocate for R3

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ORDER

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By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

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2.This Writ Petition has been filed for a Mandamus seeking for a direction to the first respondent to dispose of the petitioner's Revision against his dismissal order passed by the second respondent in Na.Ka.No.9255/2019 Tho.Ve.Sa. Dated 05.03.2020, within a time frame to be fixed by this Court.

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3.The limited relief the petitioner is seeking is for early disposal of his revision petition pending on the file of the first respondent. Aggrieved by the order dated 05.03.2020 passed by the second respondent dismissing him from service, the petitioner has filed the Revision Petition before the first

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https://www.mhc.tn.gov.in/judis

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W.P.No.35239 of 2022

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respondent, which according to the petitioner, is still pending. The petitioner's other grievance is that he has also not been paid his subsistence allowance till date even though he has been suspended for the period from 15.03.2019 to 26.01.2020 and 05.03.2020 to 24.08.2022.

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4.Heard Mr.R.Karunagaran, learned counsel for the petitioner, Mr.E.Sundaram, learned Government Advocate, who accepts notice on behalf of the respondents 1 and 2 and Mr.K.Tamilvendan, learned Government Advocate, who accepts notice on behalf of the third respondent.

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5.No prejudice would be caused to the respondents if a direction is issued to the first respondent to pass final orders, on merits and in accordance with law on the petitioner's Revision Petition as stated supra, within a time frame to be fixed by this Court. Insofar as the non-payment of subsistence allowance is concerned, the respondents will have to consider the request of the petitioner, on merits and in accordance with law in the

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light of the recommendation dated 29.01.2021 made by the Deputy

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https://www.mhc.tn.gov.in/judis

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W.P.No.35239 of 2022

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Registrar of Co-operative Societies.

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6.For the foregoing reasons, this Court directs the first respondent to pass final orders, on merits and in accordance with law in the petitioner's Revision Petition filed by him, within a period of twelve weeks from the date of receipt of a copy of this order. A direction is also issued to the first respondent to consider the request of the petitioner for payment of the subsistence allowance for the period from 15.03.2019 to 26.01.2020 and 05.03.2020 to 24.08.2022 in the light of the recommendation dated 29.01.2021 made by the Deputy Registrar of Co-operative Societies, which has been filed by the petitioner as a document along with this writ petition.

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7.With the aforesaid directions, this writ petition is disposed of. Consequently, W.M.P. No.34701 of 2022 stands closed. No costs.

03.01.2023

vga Index:Yes/No

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https://www.mhc.tn.gov.in/judis

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W.P.No.35239 of 2022

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1.The Registrar of Co-op. Societies, M.V.Natarajan Maaligai, No.170, Periyar E.V.R.Kilpauk, Chennai – 600 010.

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2.The Joint Registrar of Co-op.Societies, Common Cadre Chairman, Villupuram Region, Villupuram District.

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3.President, CL.SPL.93 – Rettanai Primary Agricultural Co-op. Society Ltd., Tindivanam Taluk, Tindivanam.

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https://www.mhc.tn.gov.in/judis

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W.P.No.35239 of 2022

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ABDUL QUDDHOSE, J

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vga

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W.P.No.35239 of 2022 and W.M.P. No.34701 of 2022

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03.01.2023

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https://www.mhc.tn.gov.in/judis

K.Gopalakrishnan v. The Registrar

Case brief

What is this about?

What did the court decide?

K.Gopalakrishnan v. The Registrar

Case brief

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