In the High Court of Judicature at Madras Dated: 04-12-2008 Coram: The Honourable Mr.Justice M.JAICHANDREN W.P.No.4142 of 2003 and W.P.M.P.No.5219 of 2003 G.M.Rajendran .. Petitioner. Versus 1.The Joint Registrar (Housing), Madurai Division, Madurai. 2.The Special Officer, A.2649, Perayur Co-operative Housing Society, No.11, RCS Complex, Perayur, Madurai District. .. Respondents. Prayer: Petition filed seeking for a writ of Mandamus, forbearing the second respondent herein from deducting a sum of Rs.1,000/- or any other sum from out of the salary payable to me in the cadre of clerk in the time scale of Rs.1150-50/5-1400-60/5-1700-70/5-2050-80/5-2450. For Petitioner : Mr.C.T.Murugappan For Respondents : Ms.D.Geetha Additional Government Pleader (R1) Mr.R.Neethe Perumal (R2) O R D E R
Heard the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.
2. This writ petition has been filed for a writ of mandamus to forbear the second respondent, who is the Special Officer of A.2649, Perayur Co-operative Housing Society, Perayur, Madurai District, from deducting a sum of Rs.1,000/- or any other sum from out of the salary payable to the petitioner in the cadre of clerk in the time scale of Rs.1150-50/5-1400-60/5-1700-70/5-2050-80/5-2450.
3. The petitioner who had been appointed as a Clerk in the second respondent Society was paid the time scale of pay, which was fixed with effect from 1.9.99. The salary due to the petitioner had been paid from 1.9.99 to November, 2002. The last drawn salary in the month of November, 2002, was Rs.4,280/-. However, on 31.12.2002, the second respondent had deducted Rs.1,000/- from the salary payable to the petitioner stating that it was based on some audit objection for the Co-operative Department. In such circumstances, the petitioner has preferred the present writ petition, under Article 226 of the Constitution of India.
4. Even though no counter affidavit has been filed on behalf of the respondents, it is clear that the present writ petition is not maintainable, since the prayer sought for by the petitioner is against the second respondent, who is a Special Officer, representing the second respondent Co-operative Society, in view of of the decisions reported in K.Marappan Vs. The Deputy Registrar of Co-operative Societies and the Special Officer, Vattur Co-operative Agricultural Bank (2006(4) CTC 689), A.S.Subramani Vs. The Deputy Registrar Co-operative Societies and the Special Officer (2006(4) CTC 444), T.K.Ananda Sayanan Vs. The Joint Registrar Co-operative Societies, Vellore Region and the Special Officer Sinampattadai Primary Agricultural Cooperativ Bank (2007(5) CTC 1) and R.Ratnakrishnan Vs. The Deputy Registrar of Co-operative Societies (2007(6) MLJ 455). Hence, the writ petition is dismissed as not maintainable. However, the petitioner is permitted to move the appropriate authority for the redressal of his grievance in the manner known to law. No costs. Consequently, connected WPMP is closed.
csh
To
The Joint Registrar (Housing),
Madurai Division,
Madurai