✦ High Court of India · 25 Feb 2025

High Court · 2025

Case Details High Court of India · 25 Feb 2025

Court

High Court of India

Decided

25 Feb 2025

Bench

Not available

Length

1,197 words

Acts & Sections

Constitution of India

W.P. No.4256 of 2015IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.02.2025CORAM : THE HONOURABLE MR. JUSTICE C.SARAVANANW.P.No.4256 of 2015R.Jayaseelan... PetitionerVs.1.The Chairman, Common Cadre Committee Office of the Joint Registrar of Co.Operative Societies, Dharmapuri Region, Dharmapuri.2.The Joint Registrar of Co.operative Societies, Dharmapuri Region, Dharmapuri.3.The President TT 92, Chickampatti Primary Agricultural Co.Operative Credit Society Ltd., V.Muthampatti, Dharmapuri Taluk and District.…RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the order passed in Na.Ka.No.1727/2011./Tho./Sa.(2), dated 21.03.2014 by the 2nd Respondent to quash the same and issue consequential directions, directing the 2nd respondent to pay to the petitioner Page No.1 of 9 https://www.mhc.tn.gov.in/judis W.P. No.4256 of 2015interest for 50% of the back wages for the period from 21.07.1999 to 28.11.2004 (Rs.2,97,810/-) which works out to Rs.4,55,140/-.For Petitioner : Mr.N.Kesava raj for M/s. R.ThamaraiselvanFor R1 & R2 : Mr.K.Tamilvendan, Government AdvocateFor R3 : Mr.M.Thirumoorthy for Mr.L.P.ShanmugasundaramORDERThere is a checkered history for this case.2.In this Writ Petition, the Petitioner has challenged the Order dated 21.03.2014 bearing Ref.Na.Ka.No.1727/2011/Tho./Sa.(2), passed by the 2nd Respondent rejecting the request of the Petitioner for interest on the delayed payment of 50% of the arrears of salary as ordered to be paid by this Court vide order dated 09.06.2009 passed in W.P.No.23677 of 2007. 3.Operative portion of the impugned Order dated 21.03.2014 of the 2nd Respondent reads as under:“vdnt jh';fs; gzpg[hpahj fhyj;jpw;F gpd; rk;gsk; kw;Wk; tl;o tH';f ePjpkd;wj;jpy; Page No.2 of 9 https://www.mhc.tn.gov.in/judis W.P. No.4256 of 2015tHf;F bjhlh;e;jpUe;Jk; ePjpkd;wj;jhy; kDjhuuhfpa j';fsJ nfhhpf;if Vw;fg;glhky;. eph;thf jug;g[ nfhhpf;ifia Vw;W 50% rk;gsk; tH';f cj;jutplg;gl;Ls;snj jtpu epYit rk;gsj;jpw;F tl;o fzf;fpl;L tH';f ntz;Lk; vd;W bjhptpf;ftpy;iy/ ,e;epiyapy; 50% epYit rk;gsj;jpw;F tl;o fzf;fPl;L tH';f nfhUk; j';fspd; nfhhpf;if Vw;f ,ayhJ vd;W bjhptpj;Jg; bfhs;fpnwd;/nkYk;. kDjhuuhfpa jh';fs; r';fj;jpw;F brYj;j ntz;oa bjhiff;F rl;lg;go tl;o fzf;fPL bra;J tR{ypf;fgl;Ls;snj jtpu. ntz;Lbkd;nw tl;o nghl;L eph;thfk; gpoj;jk; bra;J tpl;ldh; vd;w j';fspd; nfhhpf;ifa[k; jtwhdJ vdt[k; bjhptpj;Jf; bfhs;fpnwd;/ ”4.Operative portion of the Order dated 09.06.2009 of this Court in W.P.No.23677 of 2007 filed by the Petitioner reads as under:“6. In view of the submission made by the learned counsel appearing for the third respondent and in view of the fact that the same was accepted by the learned counsel for the petitioner, it would be suffice to pass the following orders:(a) The third respondent is directed to pay 50% of backwages payable for the salary from 21.07.1999 to 28.11.2004.(b) The amount calculated so shall be payable to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.(c) So far as the continuity of service is concerned, since the petitioner cannot be find fault for non joining the duty, it is needless to say that the petitioner is entitled for continuity of service.7. With the above directs, the writ petition is ordered Page No.3 of 9 https://www.mhc.tn.gov.in/judis W.P. No.4256 of 2015accordingly. No costs. Consequently, connected miscellaneous petition is closed.”5.It appears that the petitioner was earlier transferred by the President of the Respondent Society, by an order dated 21.07.1999. Aggrieved by the said order, the petitioner preferred a revision petition before the Joint Registrar. The Joint Registrar, by an order dated 13.07.2000, allowed the aforesaid Revision Petition filed by the petitioner and thereby directed the Respondent Society to allow the Petitioner to work as 'Secretary' at the Respondent Co-operative Society.6.This lead to the filing of W.P.No.18813 of 2000 by the Respondent Society, which was dismissed vide Order dated 21.09.2001. Meanwhile, the Petitioner had also filed W.P.No.8526 of 2004 to direct the respondents to implement the order dated 13.07.2000 of the Joint Registrar, and the said writ petition was allowed vide Order dated 11.01.2010. Thereafter, the Petitioner was allowed to join duty as Secretary, and the petitioner joined duty on 29.11.2004 as 'Secretary' vide proceedings dated 21.11.2004 of the President of the Respondent Society. Page No.4 of 9 https://www.mhc.tn.gov.in/judis W.P. No.4256 of 20157.It is in this background the Petitioner later filed W.P.No.23677 of 2007, which culminated in the Order dated 09.06.2009, pursuant to which the impugned order dated 21.03.2024 has been passed by the 2nd Respondent.8.The case of the petitioner is that the petitioner is entitled to atleast 50% of the salary that was ordered to be paid by this Court vide Order dated 09.06.2009 in the aforesaid Writ Petition.9.On the other hand, the learned counsel for the 2nd Respondent would contend that the Order dated 09.06.2009 of this Court was complied vide proceedings dated 11.01.2010 of 3rd Respondent Society, and that out of 100% of the salary of Rs.5,95,620/-, a sum of Rs.2,97,810/- being 50% agreed was paid and adjusted towards the Petitioner loan due and the loan dues of close relatives (Petitioner's mother and wife) of the Petitioner. 10.It is further submitted by the learned counsel for the Respondents that the dues payable by the Petitioner towards the loan advances availed by him and other loans availed by his wife and mother was for a sum of Page No.5 of 9 https://www.mhc.tn.gov.in/judis W.P. No.4256 of 2015Rs.3,29,529/- and the said amount was adjusted from the above 50% of wages of Rs.2,97,810/- with the consent of the petitioner. Therefore, it is submitted by the learned counsel for the Petitioner that, even after the adjustment of the aforesaid amount of Rs.2,97,810/-, the Petitioner was still in arrears of Rs.31,719/- payable to the 3rd Respondent Society and hence, there is no merit in the present Writ Petition.11.Have considered the arguments advanced by the learned counsel for the Petitioner and the learned counsel for the Respondents .12.There is no justification for not paying the interest to the petitioner on delayed payments, as the Petitioner succeeded in challenging the Transfer Order dated 21.07.1999 before the Joint Registrar by filing the revision petition, which was allowed by an Order dated 13.07.2000. Thereafter, the Respondents have dragged on the proceedings which ultimately lead to filing of W.P.No.8526 of 2004 by the Petitioner, which was ordered on 11.01.2010. During the interregnum, the Petitioner had also filed W.P.No.23677 of 2007 for direction to the 1st Respondent Society to regularize his services from 21.07.1999 to 28.11.2004 and to treat the same as Page No.6 of 9 https://www.mhc.tn.gov.in/judis W.P. No.4256 of 2015duty period and to pay the arrears of salary with interest. The said Writ Petition was ordered with a direction to the Respondents as extracted above.13.In view of the same, the fact remains that the Petitioner has joined duty on 29.11.2004 at the Respondent Society, however, the salary was not paid on time to the Petitioner by the 3rd Respondent. Since only 50% of the salary was paid to the Petitioner belatedly, the Petitioner would be entitled for interest on the remaining 50% of the delayed payment of the salary. 14.Accordingly, the Writ Petition is disposed of. The connected miscellaneous petitions, if any, shall stand closed. No costs. 25.02.2025Index:Yes/NoSpeaking Order:Yes/NodpaTo:1.The Chairman, Common Cadre Committee Office of the Joint Registrar of Co.Operative Societies, Dharmapuri Region, Dharmapuri.2.The Joint Registrar of Co.operative Societies,Page No.7 of 9 https://www.mhc.tn.gov.in/judis W.P. No.4256 of 2015 Dharmapuri Region, Dharmapuri.3.The President TT 92, Chickampatti Primary Agricultural Co.Operative Credit Society Ltd., V.Muthampatti, Dharmapuri Taluk and District.C.SARAVANAN,J.dpaPage No.8 of 9 https://www.mhc.tn.gov.in/judis W.P. No.4256 of 2015W.P.No.4256 of 201525.02.2025Page No.9 of 9

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