Madras High Court
The President vs A.Abdul Azees on 27 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701 to 704, 945, 1087 and 1342 of 1087 of
2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.11.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701
to 704, 945, 1087 and 1342 of 1087 of 2021
and C.M.P.(MD) Nos.7342, 7343, 7345, 7346 of 2020, 1645 of 2021 &
2029 of 2022, 2098 of 2021 & 2033 of 2022, 2212 of 2021 & 2034 of
2022, 2893 of 2021, 2913, 2914, 3063, 3062, 3064, 3035, 4302, 4829
and 5559 of 2021
W.A.(MD) No.1278 of 2020:
The President,
N.N.561, Sakkottai Primary Agricultural
Cooperative Credit Society,
Sakkottai, Sakkottai Post, Karaikudi Taluk,
Sivagangai District. ... Appellant / 3rd Respondent
-Vs.-
1.A.Abdul Azees
2.U.Selvam ... Respondents 1 & 2 /
Writ Petitioners
3.The Principal Secretary to Government,
Cooperative, Food and Consumer
Protection Department,
Fort St.George, Chennai – 600 009.
1/8
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701 to 704, 945, 1087 and 1342 of 1087 of
2021
4.The Registrar of Cooperative Societies,
NVN Natarajan Maligai,
Kilpauk, Chennai – 10. ... Respondents 3 & 4 /
Respondents 1 & 2
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 01.07.2020 made in W.P.(MD)No.5925 of 2020
on the file of this Court.
For Appellant : Mr.S.Kumar
For Respondents : Mr.R.Saravanan for R1 & R2
Mr.S.Shanmugavel
Additional Government Pleader
for R3 & R4
****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Batch of Writ Appeals have been instituted by the Co-operative
Societies registered under the provisions of the Tamil Nadu Co-operative
Societies Act, 1983 against the orders of the learned Single Judge.
2. The Writ Petitions were instituted by the employees of the
Co-operative Societies / private respondents questioning the validity of
the Government Order passed in G.O.Ms.189, Co-operation, Food and
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W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701 to 704, 945, 1087 and 1342 of 1087 of
Consumer Protection Department, dated 17.11.2009 and claiming
fixation of Dearness Allowance at the rate 97% from 01.04.2008, against
the Government Order, fixing 84% of dearness allowance.
3. It is not in dispute that all the private respondents are the
employees of the Co-operative Societies concerned registered under the
provisions of the Tamil Nadu Co-operative Societies Act, 1983. Each Co-
operative Society is an independent entity registered separately holding
registration number assigned by the competent authority under the Act.
Each Society is following its special bylaws as approved by the
competent authority under the Act governing the service conditions.
Salary fixed by the Management of Society has to be approved by the
competent authority under the Tamil Nadu Co-operative Societies Act,
1983.
4. Government in order to maintain uniformity in the matter of
granting dearness allowance to the employees of the Co-operative
Societies passed G.O.No.189, Cooperation, Food and Consumer
Protection Department, dated 17.11.2009. The said Government Order
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W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701 to 704, 945, 1087 and 1342 of 1087 of
was issued pursuant to the recommendation of the Pay Regulatory
Commission constituted by the Government to rectify the discrepancies
in the fixation of pay to the employees of the Co-operative Societies
across the State of Tamil Nadu. Accepting the Commissioner’s Report,
the Government issued G.O.Ms.No.189, dated 17.11.2009.
5. It is not in dispute between the parties that the said
Government Order has been uniformly implemented by all the Co-
operative Societies by granting 84% of dearness pay to the employees of
the respective Co-operative Society concerned. All the employees had
already received 84% of the dearness allowance. The respective learned
counsels appearing on behalf of the appellants further made a submission
that 12% of dearness allowance in addition had already been granted to
the employees of the Co-operative Societies during the pendency of the
litigations and therefore, the private respondents are not entitled to any
further dearness allowance as claimed by them.
6. The employees of the Co-operative Societies cannot seek
pay on par with the Government employees. Service conditions of the
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W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701 to 704, 945, 1087 and 1342 of 1087 of
Co-operative Societies employees are governed under the provisions of
the Tamil Nadu Co-operative Societies Act and Rules and the Special By-
laws approved by the Registrar. That being so, the dearness allowance
granted to maintain uniformity cannot be further extended by the Court
by granting 97% of dearness allowance by relying on dearness allowance
granted to the Government Employees. Such a comparison is
impermissible.
7. The Writ Petitions were filed challenging the Government
Order granting dearness allowance, but the said dearness allowance had
already been granted to all the employees, more so, additional dearness
allowance of 12% was also sanctioned and disbursed in favour of the
employees. That being the factum, if any grievance exists for the
employees of the Co-operative Societies they are at liberty to approach
the Government for further relief in the manner known to law.
8. The power of Judicial Review cannot be expanded for the
purpose of enhancing dearness allowance and therefore, this Court is of
the opinion that the reliance placed on by the learned Single Judge in
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W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701 to 704, 945, 1087 and 1342 of 1087 of
W.A.No.452 of 2012 dated 20.07.2012 is misplaced. In respect of the
said order of the Hon’ble Division Bench, it was passed based on certain
mistaken facts and the mistake committed by Government was admitted
before this Court in another Writ Proceedings in W.P.(MD) No.19043 and
19049 of 2020. It was mistakenly placed before the earlier Division
Bench that the Government granted 97% dearness allowance to the Co-
operative Societies employees. Based on such mistake, the relief was
granted in the said Writ Appeal and therefore, the said Writ Appeal
cannot be followed as a precedent for the purpose of extending 97%
dearness allowance to the employees of the Co-operative Societies.
9. Considering the facts and circumstances, we are of the
considered opinion that the Writ Petitioners / private respondents are not
entitled for the reliefs as such sought for in the Writ Proceedings. Thus,
the orders impugned in these Writ Appeals are set aside and the Writ
Appeals are allowed. Consequently, connected Miscellaneous Petitions
are closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 27.11.2023
Index :Yes/No
SJ
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701 to 704, 945, 1087 and 1342 of 1087 of
To
1.The Principal Secretary to Government,
Cooperative, Food and Consumer
Protection Department,
Fort St.George, Chennai – 600 009.
2.The Registrar of Cooperative Societies,
NVN Natarajan Maligai,
Kilpauk, Chennai – 10.
https://www.mhc.tn.gov.in/judis
W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701 to 704, 945, 1087 and 1342 of 1087 of
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD) Nos.1278 to 1281 of 2020, 421, 492, 498, 663, 673, 674, 701
to 704, 945, 1087 and 1342 of 1087 of 2021
27.11.2023
https://www.mhc.tn.gov.in/judis
