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2025 Supreme(Online)(Mad) 74616

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
T.MURUGESAN – Appellant
Versus
THE CHAIRMAN – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.12.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P. Nos.1839 and 26229 of 2024 T.Murugesan S/o.Thangavel, No.3/17, North Street, K.Maathur, Kamarasavalli Post- 621

715, Ariyalur District.

Petitioner(s)

Vs

1.The Chairman Common Cadre Authority /

Joint Registrar of Cooperative Societies, Ariyalur Region, Ariyalur, Ariyalur District- 621 704.

2.The Joint Registrar of Cooperative Societies Ariyalur Region, Ariyalur District- 621 704.

3.The Administrator, YA 112 Ottakovil Primary Agricultural Cooperative Credit Society, Ootakovil- 621 701, Ariyalur Taluk and District

4.The Administrator R.1145, Govindapuram Primary Agricultural Cooperative Credit Society, Govindapuram- 621 704, Ariyalur Taluk and District.

Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned order passed by the 2nd respondent in her proceedings Na.Ka.3918/2022/Sa.pa, dated 25.07.2023 and quash the same and consequently directing the respondents to revise the Petitioner’s pay scale by taking note of the petitioner receiving salary at the rate of Rs.35,055/- as received by the petitioner prior to 31.03.2018 together with increment and other service benefits including the arrears to the petitioner.

For Petitioner(s) : Mr.C.Prakasam For Respondent(s) : Mr.S.Ravi Kumar Special Government Pleader

ORDER

The writ petition is filed challenging the order of the 2nd respondent dated

25.07.2023 and quash the same and to consequently direct the respondents to revise the petitioner’s pay scale.

2. The petitioner was appointed as a Salesman in the 3rd respondent Society in the year 1986 and subsequently promoted as Clerk in the 2005 and thereafter as Secretary in the year 2013. On 06.05.2019, the 3rd respondent passed an order suspending the petitioner from service and initiated disciplinary proceedings against the petitioner stating that the petitioner failed to supervise the other employee, on account of which the Society sustained loss. The petitioner repaid the loss as stated by the respondents, however, the disciplinary proceedings concluded with the punishment of de-promotion to the post of Assistant Secretary from Secretary. Aggrieved by the same, the petitioner filed a revision petition before the 2nd respondent under Section 153 of the Tamil Nadu Co-operative Societies Act, on 16.06.2022, however, the same was rejected on the ground of limitation vide order dated 29.06.2022.

2.1. Challenging the proceedings of the 1st respondent dated 29.06.2022, the petitioner filed a writ petition before this Court in W.P. No.27245 of 2022, seeking a direction to entertain the statutory revision filed by the petitioner on 16.06.2022. This Court vide order dated 07.11.2022 proceeded to set aside the order of the 2nd respondent and directed them to entertain the revision petition within a period of three months from the date of the receipt of copy of the order. Thereafter, the 2nd respondent passed an order on 25.07.2023 setting aside the order of punishment issued by the 3rd respondent and regularised the suspension period as leave period and allowed the revision petition. However, it is the case of the petitioner that he has not been paid with salary and his pay scale has not been revised.

3. The learned counsel for the petitioner would submit the petitioner’s pay scale was reduced without conducting any enquiry or affording any opportunity to the petitioner. The grievance of the petitioner is that despite the order of the 2nd respondent to set aside the order of punishment, the 3rd respondent has not passed any orders till date. Thereby, the petitioner has filed the present writ petition praying for appropriate orders.

4. Per contra, the learned Special Government Pleader appearing for the respondents would place reliance on the counter affidavit filed in support of the writ petition, the releva

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