Madras High Court
T.Satyadoss vs The Secretary To Government on 6 July, 2021
W.A.(MD)No.1253 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1253 of 2021
1. T.Satyadoss
2. M.Lakshman
3. A.Jabaraj
4. Augustin Joseph
5. M.Murugesan
6. R.Paul Christopher Angel
... Appellants/Petitioners
Vs.
1. The Secretary to Government,
Cooperation Food and Consumer
Protection Department,
Fort St.George, Chennai - 600 009.
2. The Registrar of Cooperative Societies,
N.V.Natarajan Maligai,
No.170, EVR High Road,
Kilpauk, Chennai - 600 010.
3. The Regional General Manager,
NABARD,
No.48, Mahatma Gandhi Road,
Post Box No.6074,
Nungambakkam, Chennai - 600 034.
https://www.mhc.tn.gov.in/judis/
1/6
W.A.(MD)No.1253 of 2021
4. The President,
E.E.226 Meignanapuram Primary
Agricultural Cooperative Societies,
Meignanapuram,
Tiruchendur Taluk, Thoothukudi District.
... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.14990 of 2015, dated 18.07.2019.
For Appellants : Mr.P.Senthur Pandian
For Respondents : Mr.R.Baskaran,
Standing Counsel for Government
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
Heard Mr.P.Senthur Pandian, learned counsel appearing for the
appellants and Mr.R.Baskaran, learned Government Counsel appearing for the
respondents.
2. This appeal filed by the writ petitioner is directed against the order
dated 18.07.2019, passed in W.P(MD).No.14990 of 2015.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1253 of 2021
3. The said writ petition was filed by the appellants challenging a
Government Order in G.O.Ms.No.189, Co-operative Food and Consumer
Protection Department dated 17.11.2009 and for a consequential direction to fix
dearness allowance at 84% in so far as the appellants are concerned and
consequently, direct the respondents to fix the pay scales along with the D.A at
97% from 01.04.2008, as arrears after deducting whatever amount was paid
already to the petitioners.
4. The learned Writ Court dismissed the writ petition on two grounds.
Firstly, on the ground that the appellants ought to have exhausted the alternate
remedy available under Section 153 of the Tamil Nadu Co-operative Society
Act, 1983. The second ground which also is a species of the first ground stating
that the alternate remedy provided under the Act ought to have been exercised
before approaching the Court under Article 226 of the Constitution of India and
this issue is settled by the judgment of the Larger Bench in the case of
Marappan v. The Deputy Registrar of Co-operative Soceity, Namakkal, 2006
(4) CTC 689.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1253 of 2021
5. In our considered view, both the grounds on which the writ petition
was dismissed may not be tenable for the following reasons.
Firstly, the appellants did not seek for any service benefits from the
Society where he was employed and it is not a case that such benefits were
denied by his employer and against which, he has a remedy under Section 153
of the Act. In the instant case, the petitioner has challenged the validity of the
Government Order and for a consequential relief to fix the dearness allowance
and thereafter, for further consequential relief to fix the pay scale along with the
DA and pay monetary benefits. This prayer cannot be agitated before the
revisional Authority. If that is so, the petitioner cannot be non-suited on the
ground that he has not availed the alternate remedy and the facts and
circumstances of the case clearly show that the decision of the Hon'ble Full
Bench in Marappan (supra), cannot be applied to the case of the appellants.
6. Therefore, the order passed in the writ petition calls for
interference. In the result, the Writ Appeal is allowed and the order passed in
the writ petition is set aside and the writ petition is restored to the file of the
learned Single Bench with the direction to the respondents to file counter-
affidavit within six weeks from today.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1253 of 2021
7. The Registry is directed to list the writ petition before the
appropriate Hon'ble Single Bench dealing with the said roaster, after eight
weeks. No costs.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 06.07.2021
pkn
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To:
1. The Secretary to Government,
Cooperation Food and Consumer
Protection Department,
Fort St.George, Chennai - 600 009.
2. The Registrar of Cooperative Societies,
N.V.Natarajan Maligai,
No.170, EVR High Road,
Kilpauk, Chennai - 600 010.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1253 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
pkn
3. The Regional General Manager,
NABARD,
No.48, Mahatma Gandhi Road,
Post Box No.6074,
Nungambakkam, Chennai - 600 034.
4. The President,
E.E.226 Meignanapuram Primary
Agricultural Cooperative Societies,
Meignanapuram,
Tiruchendur Taluk, Thoothukudi District.
W.A.(MD)No.1253 of 2021
06.07.2021
https://www.mhc.tn.gov.in/judis/
