BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27/10/2010
CORAM
THE HONOURABLE MRS. JUSTICE R.BANUMATHI
and
THE HONOURABLE MR. JUSTICE S.NAGAMUTHU
W.A.(MD) No.646 of 2008
and
M.P.(MD)No.2 of 2008
1.The Registrar of
Co-operative societies (Housing),
Chennai - 20.
2.The Joint Registrar of
Co-operative Societies,
Thanjavur Region,
Thanjavur.
3.The Deputy Registrar of
Co-operative Societies (Housing),
Thanjavur. .. Appellants
vs
Smt.N.Rajagarani .. Respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the order dated
05.12.2007 made in W.P.(MD)No.5044 of 2007 on the file of this Court.
!For appellants ... Mr. K.Balasubramanian,
Addl.Govt.Pleader
^For respondent ... Mr.Abdul Khadar
for M/s.Eddy & Embboss
:JUDGMENT
(Judgment of the Court was delivered by R.BANUMATHI, J)
This Writ Appeal arises out of an order dated 3.12.2007 passed in
W.P.(MD)No.5044 of 2007 whereby the learned single Judge directed the appellants
to pay salary to the respondent herein for the period during which she was not
allowed to work i.e. from 30.4.2007 to 19.11.2007.
2. The respondent has been working as a Co-operative Sub-Registrar
(Housing Mortgage Society) at Kumbakonam. By proceedings of the third appellant
in Na.Ka.No.2/2007/PaTho, dated 30.4.2007, she was relieved from the said post,
which came to be challenged in W.P.(MD)No.5044 of 2007. During pendency of the
Writ Petition, the said order was withdrawn and the first respondent was posted
in the same place by an order dated 19.11.2007 and the first respondent has also
joined.
3. Pointing out that there was an interim stay granted in the Writ
Petition, the learned single Judge held that salary payable to the respondent
during the period in which she was not allowed to work would be paid to her by
the end of 2007. Being aggrieved by the order of the learned single Judge in
W.P.(MD)No.646 of 2008, the appellants have come forward with this Appeal.
4. We have heard Mr.K.Balasubramanian, learned Addl.Govt.Pleader,
appearing for the appellants and Mr.Abdul Khadar, learned counsel appearing for
the respondent.
5. Admittedly, during pendency of the Writ Petition (MD)No.5044 of 2007,
there was an order of interim stay. It is also not disputed that during
pendency of the Writ Petition, the impugned proceedings in
Na.Ka.No.2/2007/PaThoo dated 28.4.2007 was withdrawn and the respondent was
posted in the same place by order dated 19.11.2007. When the respondent was
challenging the said proceedings dated 28.4.2007 and when there was an order of
interim stay granted by this Court, the respondent cannot be deprived of the
salary for the period for which she was not allowed to work.
6. While disposing of the Writ Petition, the learned single Judge rightly
directed the appellants to pay salary to the respondent for the period for which
she was not allowed to work i.e. from 30.4.2007 to 19.11.2007. We find no
reason to interfere with the order of the learned single Judge. The Writ Appeal
fails and the same is dismissed. No costs. Connected Miscellaneous Petition is
closed.
asvm
To
1.The Registrar of
Co-operative societies (Housing),
Chennai – 20.
2.The Joint Registrar of
Co-operative Societies,
Thanjavur Region,
Thanjavur.
3.The Deputy Registrar of
Co-operative Societies (Housing),
Thanjavur.