Acceptance of the scale of pay fixed in a previous order under the Tamil Nadu Cooperative Societies Act precluded the petitioner from seeking further salary revision based on a government order.

JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the relevant records relating to impugned order in Na.Ka.836/2014/Ve1 dated 09.05.2014 on the file of the second respondent herein and to quash the same and to consequently to direct the respondents herein to take the basic salary of Rs.5,125/- (Rupees Five Thousand One Hundred and Twenty Five only) drawn as on 01.04.2008 for fixing the revised salary for the petitioner as per G.O.Ms.No.189 dated 17.11.2009 and also to direct the respondents to release all the consequential salary and other benefits due to the petitioner.)

1.The writ on hand has been instituted questioning the order of the second respondent dated 09.05.2014, declining the request of the writ petitioner to grant the revision of scale of pay based on G.O.Ms.No.189, dated 17.11.2009.

2. The petitioner was holding the post of Secretary in the fourth respondent-Cooperative Society, which is registered under the Tamil Nadu Cooperative Societies Act.

3. The grievance of the writ petitioner is that the revision of pay as per G.O.Ms.No.189, dated 17.11.2009 was not extended to him and the representation submitted by him in this regard was also rejected through the impugned order dated 09.05.2014. Thus, the impugned order is to be set aside.

4. The learned counsel for the petitioner mainly contended that by invoking the powers under the provisions of the Tamil Nadu Cooperative Societies Act and with reference to Rule 149 of the Tamil Nadu Cooperative Societies Rules, the Government revised the scale of pay, which is applicable to the employees working in Cooperative Societies registered under the Cooperative Societies Act. The said Government Order issued must be implemented by all managements of the Cooperative Societies. When the petitioner set out a claim to revise the salary as per the Government Order in G.O.Ms.No.189, dated 17.11.2009, the same was rejected. Thus, the writ petitioner is constrained to move the present writ petition.

5. The learned Special Government Pleader, appearing on behalf of the respondents 1 to 3, objected the contentions raised on behalf of the writ petitioner by stating that the claim of the writ petitioner was considered and accordingly his pay was fixed. Therefore, there is no infirmity as such in respect of the order impguned.

6. Perusal of the typed set of papers filed in support of this writ petition reveals that the Revisional Authority, namely, the Joint Registrar of Cooperative Societies, Tiruppur, disposed of the revision petition filed by the writ petitioner under Section 153 of the Tamil Nadu Cooperative Societies Act in proceedings dated 07.04.2011. The said order is comprehensive and the entire facts are set out in the said order dated 07.04.2011 passed under Section 153 of the Act. Accordingly the petitioner's salary was revised based on the erstwhile Government Order issued in G.O.Ms.No.131, Cooperation, Food and Consumer Protection Department, dated 04.06.1999.

7. The said revision was effected in favour of the writ petitioner. Subsequently, further revision of pay was introduced by the Government through G.O.Ms.No.189, Cooperation, Food and Consumer Protection Department, dated 17.11.2009. In this regard, the Cooperative Societies entered into a settlement under Section 18(1) of the Industrial Disputes Act, 1947 and the management of the employees-Union agreed for revision of pay in accordance with G.O.Ms.No.189, dated 17.11.2009. The order further proceeds by stating that as per the terms and conditions agreed under Section 18(1) Settlement of the Industrial Disputes Act, the salary of the writ petitioner was revised and the revised pay was obtained during the relevant point of time. Therefore, he further filed a petition under Section 153 of the Act for revision which was rejected by the Joint Registrar of Cooperative Societies in proceedings dated 07.04.2011.

8. Th