WA(MD) No.663 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Civil Appellate Jurisdiction )

Wednesday,the Twenty Fourth day of March Two Thousand and Twenty One

PRESENT

The Hon`ble Mr.Justice M.M.SUNDRESH

and

The Hon`ble Mrs.Justice S.ANANTHI

WA(MD) No.663 of 2021

AND

CMP(MD)No.2893 of 2021

1 THE PRESIDENT,

SP(SPL), KUNDRAKUDI PRIMARY AGRICULTURAL

CO-OPERATIVE CREDIT SOCIETY LTD.,

KUNDRAKUDI POST, THIRUPATHUR TALUK,

SIVAGANGAI DISTRICT. ... APPELLANT/3^rd RESPONDENT

Vs

1 D.JANAKI

2 S.CHANDRAN ... RESPONDENTS 1 & 2/WRIT PETITIONERS

3 THE PRINCIPAL SECRETARY TO GOVERNMENT,

CO-OPERATIVE FOOD AND CONSUMER,

PROTECTION DEPARTMENT, FORT ST. GEORGE,

CHENNAI - 600 009.

4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

NVN NATRAJAN MALIGAI, KILPAUK,

CHENNAI – 10. ... RESPONDENTS 3 & 4/RESPONDENTS 1 &2

Petition filed praying that in the circumstances stated

therein and in the affidavit filed therewith the High Court may be

pleased to set aside the order made in W.P.(MD)No.9946 of 2020 dated

01.12.2020 by the allowing the Writ Appeal.

Prayer in CMP(MD). 2893 of 2021 :

To Stay the operation of the order passed in W.P.(MD).

No.9946 of 2020 dated 01.12.2020 pending disposal of the above Writ

Appeal.

Prayer in W.P.(MD).No.9946 of 2020 :

Writ Petition filed under Article 226 of Constitution of

India for issuance of Writ of Certiorarified Mandamus, calling for

the entire records relating to the impugned G.O. Passed by the first

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WA(MD) No.663 of 2021

respondent in G.O.Ms.No.189, Cooperative, Food and Consumer

Protection (C.No.1) Department, dated 17.11.2009 and quash the same

in respect of fixation of Dearness allowance of 84% in so far as the

petitioners are concerned and consequently direct the respondents to

fix the pay scales along with DA 97% from 01.04.2008 and pay the

same to the petitioners from 01.04.2008 with interest.

ORDER :This petition coming up for orders on this day, upon perusing

the petition and the affidavit filed in support thereof and upon

hearing the arguments of Mr.S.KUMAR, Advocate for the petitioner and

of Mr.B.BAHAVATHY, Government Advocate on behalf of the Respondents

3 & 4, the Court made the following order:-

Notice to the respondents returnable by four weeks.

Private notice is also permitted. In view of the order

passed in WA(MD)Nos.1278 to 1281 of 2020, there shall be an order of

interim stay.

sd/-

24/03/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE PRINCIPAL SECRETARY TO GOVERNMENT,

CO-OPERATIVE FOOD AND CONSUMER,

PROTECTION DEPARTMENT, FORT ST. GEORGE,

CHENNAI - 600 009.

2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

NVN NATRAJAN MALIGAI, KILPAUK,

CHENNAI – 10.

ORDER

IN

WA(MD) No.663 of 2021

AND

CMP(MD)No.2893 of 2021

Date :24/03/2021

RR

PK/JC/29.03.2021 : 2P/3C

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