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M Selvaraj vs The Government Of Tamil Nadu Rep By The Secretary Co Operation And Others

Madras High Court|27 July, 2017
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JUDGMENT / ORDER

(Judgment of the Court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the appellant/writ petitioner and the learned Special Government Pleader for the respondents 1 to 3. 2. The writ petitioner has filed this appeal with a delay of almost two and half years. Even in the earlier round of litigation, the writ petitioner had lost the battle, against which no appeal or revision was preferred. The writ petitioner is now questioning the seniority and is also pressing for re-fixation of his pay on par with his juniors who have been promoted. The learned counsel also submitted that although the writ petitioner had retired from service, he is losing the monetary benefit of Rs.600/- per month due to pay parity and therefore he has filed the appeal with a delay of 923 days.
3. However, it was pleaded by the learned Special Government Pleader for the respondents 1 to 3 that although seniority has been taken into consideration between the employees in various District Central Cooperative Banks and Primary Agricultural Cooperative Banks, ultimately the Government came to the aid and since the adhoc employees were absorbed depending upon the district-wise/place-wise seniority, in that process, some disparity would have occurred.
4. In our view, unless and until it is a centralized seniority, the writ petitioner cannot claim for the fitment of pay on par with his juniors who have been promoted as against him. In these circumstances, we do not find any sufficient cause shown by the writ petitioner to condone the delay of almost two and half years in filing the appeal. Even on merits, we do not find any grounds made out to entertain the appeal as well. Accordingly, C.M.P.No.2789 of 2016 is dismissed. Consequently, W.A.No.SR5134 of 2015 stands rejected.
Index : yes/no (H.G.R.,J.) (G.J.,J.) 27.07.2017 ss To
1. The Secretary to Government Co-operation, Food and Consumer Protection Department Fort St.George Chennai 600 009
2. The Additional Registrar of Co-operative Societies Office of the Registrar of Co-operative Societies N.V.N.Maaligai, Kilpauk Chennai 600 010
3. The Special Officer Tirunelveli District Central Co-operative Bank Limited Vannarpet 627 003 Tirunelveli District HULUVADI G.RAMESH, J.
AND G.JAYACHANDRAN, J.
ss W.A.No.SR5134 of 2015 & C.M.P.No.2789 of 2016 27.07.2017
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Title

M Selvaraj vs The Government Of Tamil Nadu Rep By The Secretary Co Operation And Others

Court

Madras High Court

JudgmentDate
27 July, 2017
Judges
  • Huluvadi G Ramesh
  • G Jayachandran