Madras High Court
The Managing Director vs S.Anbalagan on 31 July, 2023
W.A.Nos.1981, 1982 and 1983 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.Nos.1981, 1982 and 1983 of 2023
The Managing Director,
Puducherry Co-operative Bank Ltd.,
Puducherry. .. Appellant in
all appeals
Vs
S.Anbalagan
R.Gunasekaran
R.Ganapathy .. Respondent No.1
in the respective
appeals
The Registrar of Co-operative Societies
Government of Puducherry,
Co-operative Department, VVP Nagar,
Thattanchavadi Post,
Puducherry-605 009.
The Administrator,
Puducherry Co-operative Urban Bank Ltd. P-14,
No.197, Jawaharlal Nehru Street,
Puducherry-605 001.
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W.A.Nos.1981, 1982 and 1983 of 2023
The Reserve Bank of India,
No.16, Rajaji Salai, Fort Glacis,
Chennai-600 001.
Union of India,
rep. by its Secretary,
Co-operative Department,
Puducherry. .. Respondent Nos.2
to 5 in all appeals
Prayer: Appeals filed under Clause 15 of the Letters Patent to set
aside the common order dated 9.6.2023 passed in
W.M.P.Nos.16366, 16370 and 16364 of 2023 in W.P.Nos.17191,
17194 and 17181 of 2023 by the learned Single Judge.
For the Appellant : Mr.V.Balamurugan
in all appeals
For the Respondents : Mr.R.Sreedhar
Additional Government
Pleader (Puducherry)
in all the appeals
: Mr.P.Chandrasekar
for 1st respondent
in all the appeals
COMMON JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.V.Balamurugan, learned counsel for the
appellant; Mr.P.Chandrasekar, learned counsel for the first
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W.A.Nos.1981, 1982 and 1983 of 2023
respondent; and Mr.R.Sreedhar, learned Additional Government
Pleader (Puducherry) for respondents 2, 3 and 5.
2. The appellant is challenging the order passed by the
learned Single Judge, thereby granting interim stay.
3. Learned counsel for the appellant submits that the interim
stay was granted sheerly on the basis of the earlier order passed in
the writ petitions filed by similarly situated employees in
W.P.Nos.9314 and 9319 of 2021. The learned Single Judge, though
had passed the interim order for a limited period, did not further
extend the said stay. According to learned counsel, the circular is
issued by the Registrar accepting the amendment, wherein the age
of retirement has been brought down to 58 years. The same is in
the public interest. The learned Single Judge has not considered any
of the contentions on merits.
4. Learned counsel for the first respondent/original writ
petitioners submits that the present appellant allowed the
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W.A.Nos.1981, 1982 and 1983 of 2023
petitioners in W.P.Nos.9314 and 9319 of 2021 to retire after they
attained the age of 60 years. After attaining the age of 60 years,
there was no question of continuing the interim order. In the
present case also, the first respondent/original writ petitioners
rejoined on 15.7.2023, though they were relieved on 29.5.2023.
However, the said statement is disputed by learned counsel for the
appellant.
5. The learned Single Judge while passing the interim order
has not discussed about the merits of the matter. It has granted
interim stay only on the basis of the stay granted in the writ
petitions filed by similarly situated employees.
6. There are various questions that will be required to be
considered by the learned Single Judge before arriving at a
conclusion. In fact, if the first respondent/original writ petitioners
succeed, they would certainly be entitled to all the benefits.
However, as the interim order is passed on 9.6.2023, we are at
present not inclined to pass further orders.
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W.A.Nos.1981, 1982 and 1983 of 2023
7. The counsel for the first respondent/original writ petitioners
undertakes that in case the writ petitions are dismissed, they would
not claim salary for the period from the date they attained 58 years
of age.
8. Considering the nature of the matter, we request the
learned Single Judge to consider the matter expeditiously. The
parties would be governed by the final orders passed by the learned
Single Judge.
With the aforesaid observations, the writ appeals stand
disposed of. There will be no order as to costs. Consequently,
C.M.P.Nos.16799, 16796 and 16798 of 2023 are closed.
(S.V.G., CJ.) (P.D.A., J.)
31.07.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
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W.A.Nos.1981, 1982 and 1983 of 2023
To
1.The Registrar of Co-operative Societies
Government of Puducherry,
Co-operative Department, VVP Nagar,
Thattanchavadi Post,
Puducherry-605 009.
2.The Administrator,
Puducherry Co-operative Urban Bank Ltd. P-14,
No.197, Jawaharlal Nehru Street,
Puducherry-605 001.
3.The Reserve Bank of India,
No.16, Rajaji Salai, Fort Glacis,
Chennai-600 001.
4.The Secretary,
Union of India,
Co-operative Department,
Puducherry.
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W.A.Nos.1981, 1982 and 1983 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.Nos.1981, 1982 and 1983 of 2023
31.07.2023
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