Madras High Court
P.Santhi vs The Government Of Tamil Nadu on 6 October, 2021
W.P.No.21735 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2021
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.21735 of 2021
and
W.M.P.No.22917 of 2021
(Through Video Conferencing)
1.P.Santhi
2.C.Srinivasan
3.N.Rajendran
4.C.Ravikumar
5.R.Vijayan
6.G.Srinivasan
7.P.Sundaram
8.P.Chandran ... Petitioners
Vs
1.The Government of Tamil Nadu,
Rep by Principal Secretary to Government,
Co-operation, Food and Consumer Protection Department,
Secretariat, Chennai – 600 009.
2.The Registrar of Co-operative Societies,
N.V.Natarajan Maligai,
No.170, EVR High Road,
Kilpauk, Chennai – 600 010.
3.The President,
S.289 Manathal Primary Agricultural Co-operative
Credit Society ltd,
Manthal Post, Omalur Taluk,
Salem District.
https://www.mhc.tn.gov.in/judis
1
W.P.No.21735 of 2021
4.The President,
S.640 Thinnapatty Primary Agricultural Co-operative
Credit Society Ltd,
Manathal Post,
Kadayampatty Taluk, Salem District.
5.The President,
208 Kanjanaicken Patty Primary Agricultural
Co-operative Credit Society Ltd,
Kanjanaicken Patty Post,
Omalur Taluk, Salem District. ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India to issue a
Writ of Certiorarified Mandamus, to call for the entire records of the 1 st
respondent relating to the order in G.O.Ms.No.189, Co-operation, Food and
Consumer Protection Department, dated 17.11.2009 and to quash the same in
so far as it relates to fixation of pay by taking into account half of the D.A of
84% to the employees Co-operative Societies classified as 'C' class, in so far
as the petitioners are concerned and issue sequential directions to the
respondents to fix the petitioners by taking into account and merging with
Pre-revised Scale of pay half of D.A. At 97% of pay in the Pre-revised scale
from 01.04.2008 and pay the arrears thereby with interest.
For Petitioners : Mr.G.Punniakoti
For Respondents : Mr.L.S.M.Hasan Fizal
Government Advocate for R1 & R2
Mr.M.R.Gokula Krishnan for R3 to R5
ORDER
Both the learned counsel for the petitioner and the respondents submits
that the issue is now squarely covered in W.P.No.9399 of 2011 vide order
dated 12.07.2011. While disposing the aforesaid writ petition, this Court
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W.P.No.21735 of 2021
referred to a counter filed by the respondents in W.P(MD).No.4761 of 2010
and directed the respondents to maintain the fixation of the Dearness
Allowance. Following the aforesaid order, a batch of writ petition also came
to be disposed by an order dated 19.12.2018 in W.P.(MD).Nos.9140, 9186
and 14636 of 2014. The operative portion of the said order which reads as
under:
6.In view of the decision of the Division Bench
Judgment of this Court and the above discussion these
writ petitions are to be allowed. Consequently, the
respondents are directed to calculate the arrears and
pay the amount to the petitioners together with interest
at 7.5% per annum within a period of six weeks from
the date of receipt of a copy of this order and also to
pay the revised salary as per the orders of this Court.
2.Since the issue is squarely covered by the aforesaid order of the
Madurai Bench of Madras High Court in the above writ petition as mentioned
above, this Writ Petition is allowed at the time of admission together with all
consequential benefit of the petitioners. No costs. Consequently, connected
miscellaneous petition is closed.
06.10.2021
Index: Yes/ No
Internet : Yes/No
Speaking/Non-speaking Order
jas
https://www.mhc.tn.gov.in/judis
W.P.No.21735 of 2021
C.SARAVANAN,J.
jas
To
1.The Principal Secretary to Government,
Government of Tamil Nadu,
Co-operation, Food and Consumer Protection Department,
Secretariat, Chennai – 600 009.
2.The Registrar of Co-operative Societies,
N.V.Natarajan Maligai,
No.170, EVR High Road,
Kilpauk, Chennai – 600 010.
3.The President,
S.289 Manathal Primary Agricultural Co-operative
Credit Society ltd,
Manthal Post, Omalur Taluk, Salem District.
4.The President,
S.640 Thinnapatty Primary Agricultural Co-operative
Credit Society Ltd,
Manathal Post, Kadayampatty Taluk, Salem District.
5.The President,
208 Kanjanaicken Patty Primary Agricultural
Co-operative Credit Society Ltd,
Kanjanaicken Patty Post,
Omalur Taluk, Salem District.
W.P.No.21735 of 2021
and
W.M.P.No.22917 of 2021
06.10.2021
https://www.mhc.tn.gov.in/judis
