G.M. Rajendran vs The Joint Registrar (Housing), Madurai Division and The Special Officer, Perayur Co-operative Housing Society

M. Jaichandren, J.—Heard the learned Counsel appearing for the petitioner and the learned Counsels appearing for the respondents.

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.

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.

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, ; A.S. Subramani Vs. The Deputy Registrar of Cooperative Societies and The Special Officer, ; T.K. Ananda

Sayanan Vs. The Joint Registrar co-operative Societies, Vellore Region and The Special Officer, Sinampattadai Primary Agricultural Co-operative

Bank, and R. Rathakrishnan Vs. The Deputy Registrar of Co-operative Societies, . 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.