Madras High Court
The Registrar Of Co-Operative ... vs K. Babu on 7 September, 2021
W.A. No. 1990 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE A.A. NAKKIRAN
W.A.No. 1990 of 2018 and
C.M.P.Nos. 17100 of 2019 &15832 of 2018
1. The Registrar of Co-operative societies,
170, EVR Periyar Road,
Kilpauk, Chennai – 600 010.
2. The Joint Registrar of Cooperative Societies,
South Street, Ganapathy Nagar,
Thanjavur – 613 007.
3. The Secretary,
Co-operation,
Food and Consumer Protection,
Government of Tamil Nadu,
Chennai – 9.
(Third Appellant Suo Motu impleaded,
Vide Court Order dated 18.08.2021,
passed in W.A.No. 1990 of 2018) ...Appellants/Respondents
Vs.
1. K. Babu
2. R. Subha
3. V. Abhimanan
4. S. Krishnamurthy
5. P. Sivakumar
6. T. Saravanan
7. D. Senthamarai
8. P. Sivakumar
https://www.mhc.tn.gov.in/judis/
9. G. Vijayakumar
10. A. Kesavan
W.A. No. 1990 of 2018
11. N. Chandrasekaran
12. M. Manimaran ...Respondents/Petitioners
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent, against the
order, dated 09.02.2018, passed in W.P.No. 22967 of 2012.
For Appellants : Mr.K.R. Sanjeevkumar
Government Advocate
For Respondents : Mr.L. Chandrakumar
( R1 to R11)
No appearance (R12)
JUDGMENT
(Judgment of the Court was delivered by S. VAIDYANATHAN,J)
The present Writ Appeal is preferred by the Appellants against the
order passed by the learned Single Judge in W.P.No. 22967 of 2012, dated
09.02.2018, in allowing the Writ Petition, by setting aside the proceedings
of the first Appellant herein dated 15.05.2012 and the respondents are
directed to grant Selection and Special Grades to the Respondents by
reckoning the date of qualifying service from 12.03.2001, with all
consequential and attendant benefits, within a period of eight weeks.
2. When the matter was taken up for hearing on 18.08.2021, this
Court directed the Respondents to file an affidavit in terms of
https://www.mhc.tn.gov.in/judis/
G.O.Ms.No.262 dated 21.08.2007, clearly indicating as to what are the
W.A. No. 1990 of 2018
demands of the writ petitioners and the date of acceptance for ordinary
grade, Selection grade and Special grade, including monetary benefits that
would be acceptable for.
3. In compliance to the same, the learned counsel appearing for the
Respondents 1 to 11 has file an Affidavit 23.08.2021. The relevant portion
of the said Affidavit is extracted hereunder:
"2. The Respondents respectfully
submit that the writ petition was filed
seeking grant of selection/special grade
scale of pay on completion of 10/20 years
consequent upon regularization w.e.f.
12.03.2001. It is submitted that though the
order of regularization was made effective
from the date of issue of G.O.Ms.No.86,
Cooperation, Food & Consumer protection
Department dated 12.03.2001, by
21.08.2007, the financial benefits was
directed to be given effect from 01.09.2007.
Since the reckoning of regularization and
that of the payment of monetary benefits
due to regularization w.e.f. 12.03.2001
were two different Acts viz.,
i. The former being conferred upon
taking into account the services rendered
prior to the cut-off date of Regularization
thereby exhibiting and establishing that but
for being in employment and that of
continuance in the job, the same is not
liable for being granted, therefore the
services rendered from 12.03.2001 shall be
the criteria for service accruals as it
https://www.mhc.tn.gov.in/judis/
involve regularization of large section of
these type of irregular employees, the
Government thought it fit to extend the
W.A. No. 1990 of 2018
benefit of time scale of pay based on its
financial position and thereby announced
that despite their continuance the grant of
time scale of pay shall be effective only
w.e.f. 01.09.2007 and not any date prior to
that. It is needless to say that in so far as
the writ petitioners/respondents herein are
concerned, the tabular statement annexed
to this affidavit is self explanatory and
furnishes details relating to their payments;
ii. Whereas the later, i.e., the payment of
time scale of pay is without reference to the
services rendered by the persons
concerned; however the scale of pay shall
be in terms of monetary equivalence only
from 01.09.2007 thereby the attitude and
approach shall be the services will be
reckoned for all purposes from the date of
initial appointment since it was a
continuous discharge of duties and in view
of the date of regularization having been
made effective from 12.03.2001, there
would arise no dispute or any suspicion in
regard to the inclusion of the services for
all purposes from the said date and in that
issue, we are now confined to the grant of
Selection Grade and Special Grade as to
from which date it should be reckoned."
4. In view of the said Affidavit dated 23.08.2021, this Writ Appeal is
disposed of. The respondents are directed to grant Selection and Special
Grades to the writ petitioners by reckoning the date of qualifying service
from 01.09.2007 and they are entitled to monetary benefits from the said
date. No costs. Consequently the connected Miscellaneous petitions are
https://www.mhc.tn.gov.in/judis/
closed. No costs.
W.A. No. 1990 of 2018
[S.V.N., J.,] [A.A.N., J]
07.09.2021
Index: Yes/no
Internet: Yes/no
arr
To
1. The Registrar of Co-operative societies,
170, EVR Periyar Road,
Kilpauk, Chennai – 600 010.
2. The Joint Registrar of Cooperative Societies,
South Street, Ganapathy Nagar,
Thanjavur – 613 007.
3. The Secretary,
Co-operation,
Food and Consumer Protection,
Government of Tamil Nadu,
Chennai – 9.
(Appellant 3 Suo Motu impleaded,
Vide Court Order dated 18.08.2021,
passed in W.A.No. 1990 of 2018)
https://www.mhc.tn.gov.in/judis/
W.A. No. 1990 of 2018
S. VAIDYANATHAN,J
and
A.A. NAKKIRAN,J
arr
W.A.No. 1990 of 2018
07.09.2021
https://www.mhc.tn.gov.in/judis/
W.A. No. 1990 of 2018
W.A. No. 1990 of 2018
S. VAIDYANATHAN,J.
AND
A.A. NAKKIRAN,J.
(Order of the Court was made by S.Vaidyanathan,J.)
This matter has been listed under the caption “For Being Spoken to”
at the instance of Mr.L. Chandrakumar, learned counsel for respondents 1 to
2. It is brought to the notice of this Court by the learned counsel
for respondents 1 to 11 that in paragraph No.4 of the judgment dated
07.09.2021, by which the above writ appeal was disposed of, the date from
which the qualifying service of the respondents has to be reckoned, has
been, by mistake, mentioned as 01.09.2007 instead of 12.03.2001 and
therefore, the said mistake may be rectified.
S. VAIDYANATHAN,J.
AND
https://www.mhc.tn.gov.in/judis/
A.A. NAKKIRAN,J.
W.A. No. 1990 of 2018
nv
3. Considering the submission made by the learned counsel for
respondents 1 to 11, the sentence in paragraph No.4, namely, “by reckoning
the date of qualifying service from 01.09.2007” shall instead read as “by
reckoning the date of qualifying service from 12.03.2001”.
4. Registry is to incorporate the necessary correction and issue
fresh order copy forthwith.
(S.V.N.J.) (A.A.N.J.)
nv 30.09.2021
W.A. No. 1990 of 2018
https://www.mhc.tn.gov.in/judis/
