Madras High Court
The President vs R.Pandian on 28 November, 2023
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.(MD) Nos.1317 to 1321 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.11.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD) Nos.1317 to 1321 of 2021
and
C.M.P.(MD) Nos.5482, 5483, 5485, 5487 & 5489 of 2021
W.A.(MD) No.1317 of 2021
The President,
NN.628, Nattarasankottai Primary Agriculture
Cooperative Society,
Nattarasankottai,
Sivagangai District. ... Appellant
-Vs.-
1.R.Pandian
2.PL.Chidhamparam
3.L.Sankaralingam
4.The Principal Secretary to Government,
Cooperative, Food and Consumer
Protection Department,
Fort St.George, Chennai – 600 009.
4.The Registrar of Cooperative Societies,
NVN Natarajan Maligai,
Kilpauk, Chennai – 10. ... Respondents
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W.A.(MD) Nos.1317 to 1321 of 2021
PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent Act, to
set aside the order dated 01.12.2020 made in W.P.(MD)No.9938 of 2020
on the file of this Court.
For Appellant : Mr.S.Kumar
For Respondents : Mr.R.Saravanan for R1
No Appearance for R2 & R3
Mr.S.Kameswaran,
Government Advocate
for R4 & R5
COMMONN 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
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.
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W.A.(MD) Nos.1317 to 1321 of 2021
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
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.
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W.A.(MD) Nos.1317 to 1321 of 2021
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 learned counsel
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
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.
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W.A.(MD) Nos.1317 to 1321 of 2021
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
W.A.No.452 of 2012 dated 20.07.2012 is misplaced. In respect of the
said order of the 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) Nos.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
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W.A.(MD) Nos.1317 to 1321 of 2021
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 order impugned in these Writ Appeals is set aside and the Writ
Appeals are allowed. No costs. Consequently, connected Miscellaneous
Petitions are closed.
[S.M.S.J.,] & [V.L.N.J.,]
28.11.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
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.
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W.A.(MD) Nos.1317 to 1321 of 2021
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
Yuva
W.A.(MD)Nos.1317 to 1321 of 2021
28.11.2023
https://www.mhc.tn.gov.in/judis
