Madras High Court
The Joint Registrar Of ... vs N.Sivasubramaniyan on 25 September, 2023
W.A.No.2593 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.09.2023
CORAM
THE HON'BLE Mr. JUSTICE R. MAHADEVAN
AND
THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ
W.A.No.2593 of 2023
AND
C.M.P.No.21905 of 2023
1.The Joint Registrar of Co-operative Societies
/Revisional Authority
Nagapattinam Region (formerly)
Presently Mayiladuthurai
No.303, 3rd Floor, Collector Office Building
Nagapattinam
2.The Managing Director
The Mayuram Co-operative Urban Bank Ltd.
158-Mahadhana Street
Mayiladuthurai District 609 001 .. Appellants
Vs.
1.N.Sivasubramaniyan
2.The Registrar of Co-operative Societies
170-N.V.N.Maaligai
EVR High Road
Kilpauk
Chennai 600 010
https://www.mhc.tn.gov.in/judis
1/6
W.A.No.2593 of 2023
3.The Deputy Registrar of Co-operative Societies
Mayiladuthurai Circle, Deen Plaza
Mayiladuthurai District 609 001 .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent Act, against the
order dated 07.06.2023 passed in W.P.No.26322 of 2017.
For Appellants : Mr.Silambanan
Additional Advocate General
For 1st Respondent : Mr.C.Prakasam
JUDGMENT
(Judgment of the court was delivered by R. MAHADEVAN, J.)
This Writ Appeal arises from the order dated 07.06.2023 passed by the
learned Judge in W.P.No.26322 of 2017.
2.It is the case of the first respondent / writ petitioner that he was
working as a Jewel Appraiser/Assistant in the 2nd appellant bank from
04.10.1995 and getting a consolidated pay of Rs.8,400/- per month, till
31.07.2008. The second respondent issued a Circular dated 21.08.2008 for
fixation of time scale for consolidated pay scale employees and accordingly, the
pay of the first respondent was fixed at Rs.8,415/- per month by the 2nd
appellant bank. While so, the 3rd respondent, without any notice or opportunity
to the first respondent, revised his pay scale with retrospective effect from
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W.A.No.2593 of 2023
01.08.2008 and reduced his salary to Rs.3,913/- per month. Questioning this
act of the 3rd respondent, the first respondent / writ petitioner preferred a
revision u/s.153 of the Tamil Nadu Co-operative Societies Act, before the first
appellant and the same was rejected on 10.04.2017. On the basis of the
rejection order, the 2nd appellant passed an order on 21.09.2017. Challenging
these orders, the first respondent filed W.P.No.26322 of 2017, which was
allowed by the learned Judge, by setting aside the order dated 10.04.2017 and
the consequential order dated 21.09.2017 passed by the appellant authorities.
Aggrieved by the same, the appellants are before this Court with the present
appeal.
3.The learned Additional Advocate General appearing for the appellants
has submitted that the learned Judge has failed to consider the Circular of the
second respondent in proper perspective. The first respondent is an irregular
employee and his initial appointment was made on daily wage basis. Only as
per the clause stated in the Circular that the pay has to be fixed in the minimum
of time scale of pay applicable to the category of post to which such irregular
employee was appointed initially, the first respondent's salary was re-fixed.
Therefore, it is not correct on the part of the learned Judge to state that the order
of the first appellant is in excess of authority and without jurisdiction, as
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W.A.No.2593 of 2023
according to G.O.(2D)No.108 Cooperation, Food and Consumer Protection
Department dated 31.08.2005, in respect of Primary and Central Societies, all
the powers of Registrar under the Act have been delegated to the Joint
Registrars. It is also not correct to state that no opportunity was granted to the
first respondent before passing orders, since he was given sufficient
opportunity in Section 153 Proceedings and he was heard orally and his written
arguments have also been considered, on merits. However, the learned
Additional Advocate General appearing for the appellants has submitted that
the matter may be remitted back to the appellants for considering the case of the
first respondent afresh, after affording an opportunity to the first respondent.
He has also given an undertaking that the salary already received by the first
respondent will not be recovered.
4.The learned counsel for the first respondent / writ petitioner has
submitted that the learned Judge has taken note of all the points stated by the
first respondent and has passed the impugned order and hence, the same does
not require any interference in the hands of this Court.
5.Heard both sides and perused the documents enclosed in the typed set
of papers.
6.It is seen from the order impugned herein that the learned Judge set
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W.A.No.2593 of 2023
aside the orders passed by the appellant authorities, mainly on the ground that
the first respondent has not been afforded reasonable or fair opportunity to him
and the first appellant has no authority to pass such order. While so, the learned
Additional Advocate General appearing for the appellants, during the course of
argument, has agreed that the case of the first respondent will be considered
afresh, after affording a reasonable opportunity to him. In the circumstances,
this Court deems it fit to modify the impugned order passed by the learned
Judge to the effect that while setting aside the orders impugned in the writ
petition, the matter is remitted back to the appellants for considering the same
afresh on merits and pass appropriate orders in accordance with law, after
affording an opportunity of being heard to the first respondent. The said
exercise shall be completed within a period of six weeks from the date of
receipt of a copy of this judgment.
7.The writ appeal is disposed of accordingly. No costs. Connected
miscellaneous petition is closed.
[R.M.D,J.] [M.S.Q, J.]
25.09.2023
Internet : Yes
Neutral Citation : Yes/No
gya
R. MAHADEVAN, J.
AND
https://www.mhc.tn.gov.in/judis
W.A.No.2593 of 2023
MOHAMMED SHAFFIQ, J.
gya
To
1.The Registrar of Co-operative Societies
170-N.V.N.Maaligai
EVR High Road
Kilpauk
Chennai 600 010
2.The Deputy Registrar of Co-operative Societies
Mayiladuthurai Circle, Deen Plaza
Mayiladuthurai District 609 001 W.A.No.2593 of 2023
25.09.2023
https://www.mhc.tn.gov.in/judis
