✦ High Court of India · 14 Oct 2024

High Court · 2024

Case Details High Court of India · 14 Oct 2024

Court

High Court of India

Decided

14 Oct 2024

Bench

N.ANAND VENKATESH

Length

1,731 words

Acts & Sections

Constitution of India Societies Act 1983

W.P.No.26600 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 14.10.2024 CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.26600 of 20241.S.Muralidharan2.S.Manickavasakam.. PetitionersVs.1.The Additional Chief Secretary to Government, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Chennai.2.The Managing Director, Tamil Nadu Co-Operative Milk Producers' Federation Limited, Aavin Illam, 3A, Pasumpon Muthuramalinganar Salai, Nandanam, Chennai – 600 035.3.The Commissioner / Registrar, Milk Production and Dairy Development, Madhavaram, Chennai – 600 051.4.The District Collector / Special Officer, The Coimbatore District Cooperative Milk Producers' Union Limited, Coimbatore – 641 002.5.The General Manager, The Coimbatore District Cooperative Milk Producers' Union Limited, (Union Registration No.ED1116) R.S.Puram, Coimbatore – 641 002... Respondents1/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 2024Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 5th respondent herein to pay the retirement benefits such as Gratuity amount, earned leave and un-availed leave encashment and arrears of the annual increment amount without any deduction together with interest at the rate of 12% per annum to the petitioners within a stipulated time frame fixed by this Court.For petitioners:Mr.P.VetrivelFor RR 1, 3 & 4:Mr.P.BalathandayuthamSpecial Government PleaderFor RR 2 & 5:Mr.V.RajinikanthStanding CounselO R D E R This writ petition has been filed for the issue of writ of mandamus directing the 5th respondent to pay the retirement benefits and other attendant benefits to the petitioners without any deduction along with interest within the time frame fixed by this Court.2.Heard the learned counsel for the petitioners, learned Special Government Pleader for respondents 1, 3 & 4 and the learned Standing Counsel for respondents 2 & 5.2/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 20243.The main grievance expressed on the side of petitioners is that as per G.O.(Ms)No.511, dated 01.08.1992, the Government on accepting the recommendation made by the Official Committee directed the revision of scale of pay for those holding Grade-I posts and a separate direction was also given to make necessary amendment to the schedule to the Tamil Nadu Revised Scales of Pay Rules, 1989. Pursuant to the same, the 3rd respondent, through communication dated 11.12.2018, informed the 5th respondent regarding the Government Order and permitted the 5th respondent to sanction revision of pay scale to the technician as Grade-I notionally with effect from 01.06.1986 and the monetary benefits were directed to be given from 01.04.2013 by placing the subject before the Board of the Union with a condition that the Union should ensure the status of those employees as Grade-I.4.Thereafter, it was never implemented and on the other hand, an enquiry officer was appointed under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983 and the enquiry report dated 14.07.2022 was submitted to the 5th respondent. A recommendation was made to the effect that necessary amendment must be brought in the by-laws of the society in order to give benefits to those employees, who come within the 3/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 2024category of Grade-I as per the Government Order. Thereafter, the impugned proceedings dated 02.02.2023 came to be issued by the fifth respondent informing that audit objections have been raised and that the relief seeking increment cannot be considered till the sanction is accorded by the third respondent viz., the Commissioner/ Registrar of Milk Production and Diary Development. It is under these circumstances, the present writ petition came to be filed before this Court.5.The issue involved in the present writ petition is covered by the earlier order passed by this Court in W.P.No.22576, etc of 2024 dated 24.09.2024 and the relevant portions are extracted hereunder:“7.The fifth respondent has filed separate counter affidavits in all these writ petitions. The stand taken by the fifth respondent is that the Director of Milk Production and Diary Development passed an order on 11.04.2018 permitting sanction of revision of pay scale to the technicians as Grade-I notionally with effect from 01.06.1986 and monetary benefits were given from 01.04.2013. This was placed in the Board Meeting of Erode District Milk Producers Union held on 28.11.2018. Resolution No.73 was passed resolving to implement the proceedings of the Director dated 11.04.2018 and to pay the arrears by way of six instalments from June 2019 and to revise the wages with effect from June 2019 with individual 4/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 2024undertaking. That apart, it was also decided to bring technical staff working as helpers within the purview of Grade-I employees through Resolution No.35, dated 31.12.2018 and to further pay the scale that has been fixed as per the proceedings of the Director of Milk Production and Diary Development.8.It is further stated in the counter that a clarification was sought for from the Commissioner in order to implement the amendment to the by-laws and a resolution was passed in this regard on 08.10.2020. At this point of time, an audit objection was raised in the audit report for the years 2018-2019 to 2022-2023. In view of the audit objection with regard to the payment of increments to the technicians, who were brought within the purview of Grade-I, an inquiry officer was appointed under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, pursuant to the order passed by the Commissioner. The inquiry officer has also submitted a report and the recommendation made by the inquiry officer is extracted hereunder:@rpwg;g[ Jiztpjpfspy; jpUj;j';fs; nkw;bfhs; ,af;Feh; brd;id mth;fSf;F mDg;gl;l gpnuizapidapd;; kPJ bjhlh; eltof;if nkw;bfhz;L blf;dPrpad; juk;?I Mfjuk; cah;j;j njitahd fy;tpj;jFjpfs; kw;Wk; vj;jid Mz;Lfs; blf;dPrpad;fshf gzpahw;w ntz;Lk; kw;Wk; blf;dPrpad; juk;?I gjtpf;F 01/09/1988. 01/01/1996. 01/01/2006 kw;Wk; 01/01/2016 Mfpa Mz;Lfspy; CjpaFGtpd; mwpf;iffspd;go jpUj;jpaikf;fg;gl;l Cjpatpfpj';fspd; blf;dPrpad; juk;?I gjtpapd; rhjhuzepiy Cjpa tpfpjk;. njh;t[epiy 5/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 2024Cjpatpfpjk; vd;d vd;gJ Fwpj;J bjspthd Mizfs; bgw;W mjdog;gilapy; xd;wpaj;jpd; rpwg;g[ Jiztpjpfspy; jpUj;j';fs; nkw;bfhz;L mjdog;gilapy; jf;fnky; eltof;if vLf;f bghJnkyhsUf;F jf;f mwpt[iu tH';fyhk; vd bjhptpf;fg;gl;Ls;sJ/@9.The fifth respondent, therefore, has taken a stand that since there was an audit objection with regard to the revised pay fixation to the technician employee of the society on par with Electrician Grade-I and Boiler Grade-II trade post, clarification for the amendment to the special by-laws of the fifth respondent union is pending before the third respondent. In view of the same, the increment was withheld and the retirement benefits to the retired technical staff was also withheld from the year 2022.10.Heard Mr.P.Vetrivel, learned counsel for petitioners, Mr.M.Bindran, learned Additional Government Pleader appearing for respondents 1, 3 and 4, Mr.V.Rajinikanth, learned Standing Counsel appearing for second respondent and Mr.R.Balaramesh, learned counsel appearing for fifth respondent.11.The petitioners are tracing their right through G.O.(Ms) No.511, dated 01.08.1992 and the subsequent communication made by third respondent dated 11.04.2018 permitting the fifth respondent to sanction revision of pay scale to the technician as Grade-I notionally with effect from 01.06.1986 and monetary benefits from 01.04.2013. This subject was also placed before the Board of the Erode District Milk Producers Union held on 28.11.2018 and it was resolved to implement the same.6/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 202412.The problem that is faced by fifth respondent society is that there was some audit objection on the ground that the by-laws of the fifth respondent Union has to be amended in order to bring the technician employee on par with Electrician Grade-I and Boiler Grade-II Trade Post. This amendment has to be approved by third respondent and till date, the third respondent has not granted the sanction. Even the enquiry officer while submitting the report under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, has made it clear that the special by-laws requires amendment in order to implement the revision of pay scale as per the Government Order. That is the reason why an audit objection has also been made. The fifth respondent is willing to implement the revision of pay/increment, however, their hands are tied since the third respondent is yet to grant approval for the amendment to the special by-laws.13.In the light of the above discussion, the entire grievance that has been expressed by petitioners can be resolved by issuing necessary directions to the third respondent viz., Commissioner/Registrar of Milk Production and Diary Development to act upon the request made by the fifth respondent society to grant approval for the amendment of the special by-laws of the fifth respondent. Once such approval is granted, the fifth respondent society will be able to implement the resolution that has already been passed by them to revise the pay scale as per the Government Order.14.All these writ petitions are disposed of with a direction to the fifth respondent society 7/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 2024to once again place the entire files before the third respondent seeking for amendment to the special by-laws along with all the relevant records. On receipt of the same, the third respondent shall pass appropriate orders within a period of eight (8) weeks from the date of receipt of the request from the fifth respondent society. Based on the orders passed by the third respondent, the fifth respondent society can consider the claim made by the petitioners. This direction will sufficiently take care of the grievance expressed by the petitioners.”6.This Writ Petition can also be disposed of in line with the above order passed by this Court. Accordingly, there shall be a direction to the 5th respondent Society to once again place the entire documents before the 3rd respondent seeking for amendment to the Special By-Laws along with all the relevant materials. On receipt of the same, the 3rd respondent shall pass appropriate orders within a period of eight (8) weeks from the date of receipt of a copy of this order and the request from the 5th respondent Society. Based on the orders passed by the 3rd respondent, the 5th respondent Society can consider the claim made by the petitioners. This direction will sufficiently take care of the grievance expressed by the petitioners.8/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 20247.In the result, this Writ Petition is disposed of with the above directions. No costs.14.10.2024 (3/11) krkIndex: Yes / NoInternet: Yes / NoNeutral Citation: Yes / NoTo1.The Additional Chief Secretary to Government, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare Department, Chennai.2.The Managing Director, Tamil Nadu Co-Operative Milk Producers' Federation Limited, Aavin Illam, 3A, Pasumpon Muthuramalinganar Salai, Nandanam, Chennai – 600 035.3.The Commissioner / Registrar, Milk Production and Dairy Development, Madhavaram, Chennai – 600 051.4.The District Collector / Special Officer, The Coimbatore District Cooperative Milk Producers' Union Limited, Coimbatore – 641 002.5.The General Manager, The Coimbatore District Cooperative Milk Producers' Union Limited, (Union Registration No.ED1116) R.S.Puram, Coimbatore – 641 002.9/10 https://www.mhc.tn.gov.in/judis W.P.No.26600 of 2024N.ANAND VENKATESH, J.krkW.P.No.26600 of 202414.10.2024(3/11) 10/10

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