Partly allowed

K.Raja v. The Deputy Registrar of

Madras HC19 Feb 2024WP/803/2020

Case brief

AI extract

What is this about?

A long-serving cooperative society salesman challenged cancellation of resolutions granting him salary arrears and promotion without notice. The court quashed the impugned order for want of hearing and directed the Joint Registrar to conduct a fresh enquiry under Section 153 within four weeks.

What did the court decide?

Impugned proceedings dated 02.12.2019 quashed; liberty to file representation to Joint Registrar for fresh enquiry and orders under Section 153 within four weeks. No costs; connected MPs closed.

K.Raja Vs The Deputy Registrar of — Cooperative Societies | Madras HC (2024)

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W.P.No.803 of 2020

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.02.2024

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CORAM:

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THE HONOURABLE Ms.JUSTICE R.N.MANJULA

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W.P. No.803 of 2020 and W.M.P.Nos.962 & 964 of 2020

K.Raja

Petitioner

/vs/

The Deputy Registrar of Co-operative Societies, Dharmapuri District, Dharmapuri.

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S.975, A.Murukkampatti Primary Agricultural Co-op Credit Society,

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Represented by its President, A.Murukkampatti Post, Kambainallur Via, Palacode Taluk, Dharmapuri District – 635 202. ... Respondents

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Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus to call for the records of the second respondent pertaining to his proceedings in No.Nil dated 02.12.2019 and quash the same and consequently direct the respondents herein to forthwith pay the salary arrears of salary to the petitioner in the basic pay scale of salesman for the period from 01.08.2008 to 31.10.2019.

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For Petitioners ... Mrs.R.Hemalatha

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Page 1 of 6

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

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W.P.No.803 of 2020

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for Mr.C.Prakasam

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For Respondents ... Mr.P.Sathish Additional Govt. Pleader for R1

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Mr.S.Arumugam Government Advocate for R2

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ORDER

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This writ petition has been filed challenging the proceedings of the

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second respondent in No.Nil dated 02.12.2019 and to direct the respondents to pay the salary arrears to the petitioner for the period from 01.08.2008 to 31.10.2019.

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The petitioner was working as a Salesman for the past 23 years

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with the second respondent; by virtue of the resolution of the second respondent dated 01.11.2019 to allow disbursement of salary arrears to the petitioner, an another resolution to the effect of giving promotion to the petitioners, has been cancelled; aggrieved over that the petitioner has filed this writ petition.

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Mrs.R.Hemalatha, the learned counsel for the petitioner, submitted

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

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Page 2 of 6

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W.P.No.803 of 2020

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that no previous notice was given to the petitioner before passing such order affecting his interest.

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However, Mr.P.Sathish, the learned Additional Government

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Pleader, submitted that if the petitioner is really aggrieved he can file an appeal under Section 153 of Tamil Nadu Cooperative Societies Act and he cannot file a writ petition without exhausting the efficacious alternate remedy available to him.

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Even though it is the contention of the respondents that the petitioner's very appointment is questionable and the resolutions passed to sanction the arrears of salary are per se illegal and hence they have been cancelled, the petitioner could have been given with an opportunity to make his submission getting an order which would affect the interest of the petitioner.

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Since the petitioner has not been given with any show cause notice

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Page 3 of 6

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

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W.P.No.803 of 2020

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before passing the impugned order and no liberty was given to him, I feel it is appropriate to quash the impugned order and give liberty to the petitioner

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to make a representation before the authorities concerned under Section 153 of the Cooperative Societies Act.

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In view of the above stated reasons, this writ petition is partly allowed and the impugned proceedings passed by the second respondent in No. Nil dated 02.12.2019 is quashed and the petitioner is at liberty to give a representation to the Joint Registrar and on receipt of the same the Joint Registrar of Cooperative Societies shall conduct enquiry and pass appropriate orders, within a period of four weeks without being influenced by the impugned order and by appreciating the matter fresh. No costs. Connected miscellaneous petitions are closed.

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19.02.2024

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Index: Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No bkn

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Page 4 of 6

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

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W.P.No.803 of 2020

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To:

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The Deputy Registrar of Co-operative Societies, Dharmapuri District, Dharmapuri.

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The President,

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S.975, A.Murukkampatti Primary Agricultural Co-op Credit Society,

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A.Murukkampatti Post, Kambainallur Via, Palacode Taluk, Dharmapuri District – 635 202.

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Page 5 of 6

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

W.P.No.803 of 2020

R.N.MANJULA ,J.

bkn

W.P.No.803 of 2020

19.02.2024

Page 6 of 6

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

K.Raja v. The Deputy Registrar of

Case brief

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K.Raja v. The Deputy Registrar of

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