Madras High Court
WP/29033/2023 of I.VENKIDUSAMY Vs THE REGISTRAR on 18 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-09-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
WP No. 29033 of 2023 and
WMP.No.28616 of 2023
CNR: {HCMA011788992023}
I.Venkidusamy
..Petitioner(s)
Vs
1. The Registrar
Co - Operative Societies, Chennai.
2. The Joint Registrar Of Co Operative Societies Salem Collectorate Complex, Salem.
3. The Executive Officer
S 878, Kalvadangam Primary Agricultural
Co- Operative Bank Ltd.,
Mettangkadu Village And Post,
Thevur Via, Salem District- 637104.
..Respondent(s)
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, praying to call for the records relating to the proceeding Nil dated 24.08.2023 passed by the 3rd Respondent, quash the same to the extent of not treating the absence period as duty and consequently direct the respondents to treat the period of non employment of 9 years six months 5 days as duty with full salary and grant notional promotion / promotion and pass.
For Petitioner(s):
M.Elango
For Respondent(s):
Ms.A.Suganya, for R1 and R2
Additional Government Pleader
R3-No appearance
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ORDER
The present writ petition has been filed challenging the impugned order dated 24.08.2023, by and which the petitioner's request to treat the non- employment period as a duty period for all purpose.
2. The learned counsel for the petitioner submitted that though he was initially terminated from service, subsequently when he challenged the termination before the revisional authority, the revisional authority has modified the punishment for stoppage of increment for two years with cumulative effect vide order dated 19.03.2014. Against which, both the management as well as the petitioner preferred a writ petition in which the writ court has confirmed the order of the revisional authority. In spite of the confirmation by this court, the Registrar has not acted in accordance with Section 155 of the Tamil Nadu Cooperative Societies Act, and according to Section 155 of Tamil Nadu Cooperative Societies Act, a Registrar has to regulate the absent period as per Rule 172. Whereas in the case on hand, the Registrar has not at all acted in accordance with Section 155 and Rule 172 of the Tamil Nadu Cooperative Societies Act. Therefore, he prayed to interfere with the impugned order.
3. The said contention was totally objected by learned Additional Government Pleader for the respondents 1 and 2, and would contend that against the dismissal order passed by the disciplinary authority, the petitioner preferred a revision, in which, by order dated 19.03.2014, though the revisional authority has modified the punishment to one of the stoppage of increment for two years with cumulative effect, in categorical terms had found that the non- employment period has to be treated as not spent on duty. Therefore, the question of granting any monetary benefit for the non-employment period does not arise here. It is also the contention of the learned Additional Government Pleader that the said order has been confirmed by this court in W.P.Nos.11484 of 2014 and 1618 of 2015 dated 21.07.2023. Therefore, the claim of the petitioner is misconceived. Hence, he prays to dismiss the writ petition.
4. I have given my anxious consideration to either side submissions and perused the materials available on record.
5. The present writ petition is against the rejection order dated 24.08.2023 for not awarding any monetary benefit for non-employment period. As rightly contended by the learned counsel for the petitioner, the punishment of the petitioner was modified from dismissal from service to stoppage of increment for two years with cumulative effect. However, the revisional authority has observed and imposed the following punishments. rPuha;t[ kDjhuu; jtwhd jfty;fis mspj;J ek;gj;jd;ik ,He;J “
bray;gl;ljdhy; gjtp cau;t[ bgw;Ws;shu; vd Kot[ bra;ag;gl;L. mjw;fhf rPuha;t [ kDjhuu ; jpU/I/bt';fpLrhkpf;F jz;lizahf tUlhe;jpu Cjpa cau;tpid ,uz;L Mz;LfSf;F jpuz;l gaDld;( stoppage of increment for two years with cumulative effect) epWj;jp itj;Jk ; Mizaplg;gLfpwJ/ ,r;rPuhat [ Mizapd;go kDjhuiu r';fg;gzpapy ; kPst[k ; cjtpr ; brayhsuhf nru;j;Jf;bfhs;st[k;. gzp ePf;fk ; bra;ag;gl;l ehspypUe;J kPz;Lk; gzpapy ; nrUk ; tiuapyhd fhyk; gzpapy;yhj fhyk ; ( ” Not on duty)vdt[k ; tiuaiu bra;ag;gl;L mf;fhyj;jpw;F Cjpak ; Vjk; tH';ff; TlhJ vdt[k; Mizaplg;gLfpwJ.
6. As per the above punishments, the revisional authority in categorical terms had stated that non-employment period should be treated as ‘not on duty’. Therefore, when the revisional authority has categorically found that such period cannot be treated as duty, the claim of the petitioner seeking a monetary claim for such non-employment period is contrary to the order of the revisional authority. It is also relevant to mention that the order of the revisional authority was subsequently confirmed by this Court. In such view of the above factual position, this Court absolutely does not find any infirmity in the impugned order. Accordingly, the writ petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 18-09-2026 Index: Yes Speaking order Neutral Citation: Yes NR
To
1. The Registrar Co - Operative Societies, Chennai.
2. The Joint Registrar Of Co Operative Societies Salem Collectorate Complex, Salem.
3. The Executive Officer S 878, Kalvadangam Primary Agricultural Co- Operative Bank Ltd., Mettangkadu Village And Post, Thevur Via, Salem District- 637104.
C.KUMARAPPAN, J. NR WP No. 29033 of 2023 and WMP.No.28616 of 2023 18-09-2026