The Registrar of Co-operative Societies (Housing), The Joint Registrar of Co-operative Societies, Thanjavur Region and The Deputy Registrar of Co-operative Societies (Housing) vs Smt. N. Rajagarani

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.

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 During pendency of the Writ Petition, the said order was withdrawn and the first Respondent was posted in the same place by an order dated 19.11.2007 and the first Respondent has also joined.

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.

We have heard Mr. K. Balasubramanian, learned Addl. Govt. Pleader, appearing for the Appellants and Mr. Abdul Khadar, learned Counsel appearing for the Respondent.

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 No. 2/2007/PaThoo dated 28.4.2007 was withdrawn and the Respondent was posted in the same place by order dated 19.11.2007.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.

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.