1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated :: 24..03..2011 Coram:: THE HONOURABLE MS. JUSTICE K. SUGUNA and THE HONOURABLE MR. JUSTICE A.ARUMUGHASWAMY Writ Appeal (MD)No.311 of 2011 and M.P.(MD)No.1 of 2011 M. Kalimuthu, S/o. Mookiah Thevar, 68, Mangalapuram, Pudupalayam, Rajapalayam. .. Petitioner/Appellant - Vs - The Joint Registrar of Co-operative Societies/Special Officer, Virudhunagar District Central Co-operative Bank Ltd., Madurai Road, Virudhunagar. ...Respondent/Respondent Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 25.10.2010 of the learned Single Judge in W.P.(MD)No.5529 of 2009. Prayer in W.P.(MD)No.5529 of 2009: Writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a Writ of Certiorarified Mandamus to quash the order in Na.Ka.No.237/2007-2008/E1, dated 24.12.2008 passed by the respondent and to direct the respondent to pay the petitioner the salary as paid to his Junior S.Subburaj and to pay the balance of gratuity amount calculated on the last drawn salary fixed thereon and other retiral benefits to the petitioner as per the payment of Gratuity Act, 1972 with interest thereof. For Appellant :: Mr.T.Ravichandran For Respondent :: Mr.D.Shanmuga Raja Sethupathy JUDGMENT (Judgment of the Court was delivered by K. SUGUNA, J.) This Writ Appeal is filed as against the order passed by the learned Single Judge dated 25.10.2010 in W.P.(MD)No.5529 of 2009. 2. Case of the appellant / writ petitioner is that he joined the service of the respondent society with effect from 01.07.1969, whereas one S. Subbhuraj has joined duty with effect from 06.02.1970. Though the said Subbhuraj is junior to him, his pay has been fixed in the higher stage right from 1975 onwards. 3. As far as the grievance of the appellant is concerned, it is an admitted fact that Subbhuraj was appointed subsequent to the appellant. As per the comparative statement, which is available at Page No.9 of the typed set of papers filed along with this writ appeal, the appellant was placed under suspension in the year 1974. Apart from this, according to the learned counsel appearing for the respondent, the service of the appellant https://hcservices.ecourts.gov.in/hcservices/ 2 was regularised in the year 1975 and thereafter he was brought under regular time scale of pay. However, the service of Subbhuraj was regularized in the year 1972 and his pay was fixed in regular time scale of pay in 1972 itself and the same is not disputed. Consequently, the pay of the said Subbhuraj should have been fixed only in the higher stage than that of the appellant basing on the date of regularization. After a lapse of nearly more than 20 years, this issue cannot be dealt with now and there is no prayer to that effect also. The prayer sought for in the writ petition is only to direct the respondent to pay to him the salary as paid to his junior S.Subbhuraj and pay the balance of gratuity amount calculated on the last drawn salary fixed thereon and other retiral benefits as per the Payment of Gratuity Act 1972 with interest thereof. For the reasons indicated above, we are of the opinion that no ground has been made out to interfere with the order of the learned Single Judge. 4. Apart from this, according to the learned counsel appearing for the appellant, as per the direction issued in the writ petition, the appellant herein has filed a Revision, however, the same was also dismissed by the Registrar of the Co-operative Societies, consequently, the issue has to be gone into in this writ appeal. 5. It is seen from the letter of the Registrar dated 28.02.2011 that the Revision of the appellant herein has been rejected on the ground that the same has not been submitted in time as per Section 153 of the Co- operative Societies Act. We do not find any infirmity in the said reasoning Even on merits, which we have discussed earlier, the appellant is not entitled to the relief sought for. 6. In the result, this Writ Appeal is dismissed. However, there will be no order as to costs. Consequently, the connected M.P.(MD)No.1 of 2011 is closed. Sd/- Deputy Registrar(Accounts) /TRUE COPY/ Assistant Registrar To The Joint Registrar of Co-operative Societies/Special Officer, Virudhunagar District Central Co-operative Bank Ltd., Madurai Road, Virudhunagar. +1cc to Mr.T.Ravishankar, Advocate SR.No.8139 +1cc to Mr.D.Shanmugaraja Sethupathi, Advocate SR.No.7939 Writ Appeal (MD)No.311 of 2011 and M.P.(MD)No.1 of 2011 24.03.2011 Dpn PA/09.06.2011/2P/4C https://hcservices.ecourts.gov.in/hcservices/