S. Vaidyanathan, J.

1. The petitioners have come forward with this writ petition, seeking to quash the impugned order dated 21.06.2011 passed in RC/34783/2011 AES4, in and by which the 1st respondent had declined the request of the petitioners for disbursement of their salary, who worked under the 2nd respondent Society, with a consequential direction to the 1st respondent to disburse the salary to them from September, 2008 till July, 2011.

2. The case of the petitioners in nutshell is as follows:

(i) The petitioners were employees of the 2nd respondent Society in various capacities for the past 29 years and the main object of their employment is for the welfare of farmers of the State in general and Madurai District in particular. Suddenly, from September, 2008 onwards, the wages/salary were not paid to them, even though the 2nd respondent had raised salary bills and sent to the 1st respondent and the petitioners were not paid salary nearly for 30 months.

(ii) Aggrieved by the act of the respondents, the petitioners approached this Court by way of writ petition in W.P. (MD) No. 2954 of 2011 and on 25.04.2011, this Court directed the 1st respondent therein to consider the representation of the petitioners dated 02.02.2011, pursuant to which, their representations were considered on 21.06.2011 by replying as under, which is impugned in this writ petition:

"1. According to Section 39 of the Tamil Nadu Cooperative Societies Act, 1983, every registered Co-operative Society is a body corporate with separate bylaws registered under the said act and are separate legal entities, functioning independently. Every registered Co-operative society has to earn for itself to meet the salary related expenditure and other expenses of the society.

2. It is also pertinent to inform you that the Agro Engineering Services Co-operative societies were formed under the self employment programme. If the societies were unable to pay even salaries to the employees, they have to be wound up and a liquidator will be appointed as per Tamil Nadu Cooperative Societies Act and rules, and the liquidator will realize the assets of the society and discharge the liabilities as per the provision of the said Act. Government is not liable to pay arrears of salary or salaries consequent on the winding up of a Co-operative society.

3. Further as alleged by you the 1st respondent Commissioner of Agriculture/Registrar of Agro Engineering Services is not the pay and disbursement authority for the 2nd respondent society. The 2nd respondent is the pay drawing and disbursing authorities of the petitioners."

(iii) It is submitted by the petitioners that as per G.O.Ms. No. 584 dated 04.04.1975, the 1st respondent has the power to appoint, pay salary and even take disciplinary proceedings as per law of the 2nd respondent and such being the case, the 1st respondent cannot say that he is not the disbursing authority. It was the 1st respondent, who earlier extended the service of the Special Officers for all Agro Engineering Service centres throughout Tamil Nadu vide order dated 26.05.2010 and therefore, the 1st respondent has ultimate authority in Central Management of the 2nd respondent Society.

3. The 1st respondent has filed a counter, wherein it has been held as under:

(i) The 1st respondent has raised a preliminary objection as to the maintainability of the writ petition in view of case in K. Marappan Vs. The Deputy Registrar of Co-operative Societies and The Special Officer, Vattur Co-operative Agricultural Bank, (2006) 134 CompCas 204. It is stated in the counter that the 2nd respondent Society has been registered under the Tamil Nadu Cooperative Societies Act and the Rules framed thereunder and the 2nd respondent has its own byelaw in connection with the objection and other affairs of the bank etc. It is also stated that there is an appeal remedy available under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983 and without availing the same, the petitioner have