Judgment · High Court

1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 09.02.2011CORAM:THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMARandTHE HONOURABLE Mr.JUSTICE R.SUBBIAHW.A.(MD)No.91 of 2011R.Arunachalam...AppellantVs.

The Joint Registrar of Cooperative Societies, Ganapathy Nagar, Medical College Road, Thanjavur, Thanjavur District.

The Deputy Registrar of Cooperative Societies, Pattukottai, Thanjavur District.

The Special Officer, TA 47-Mudalcheri Primary Agricultural Cooperative Bank, Pallikondan, Pattukottai Taluk, Thanjavur District....RespondentsPrayer: The Appeal is filed under Clause 15 of Letters Patent, against the order dated 18.11.2010 passed by this Court in W.P.(MD)No.2548 of2010.WP(MD) NO. 2548 of 2010 presented under Article 226 of the Constitutionof India, to issue a writ of certiorarified mandamus, calling for the records of the impugned order issued by the third respondent dated12.11.2009 and quash the same and consequently direct the respondents to pay the Subsistence Allowance of Rs. 5,03,483/- with interest to the petitioner. For Appellant: Mr.K.K.RamakrishnanFor Respondents: Mr.M.Rajarajan,G.A.JUDGMENT(Judgment of the Court was delivered by N.PAUL VASANTHAKUMAR,J.)This Writ Appeal is filed by the appellant against the order passed by the Learned Single Judge in W.P.(MD)No.2548 of 2010 dated https://hcservices.ecourts.gov.in/hcservices/

218.11.2010 wherein the appellant has challenged the order issued by the3rd respondent dated 12.11.2009 rejecting the request for the payment of subsistence allowance to the appellant. 2. The Learned Single Judge dismissed the Writ petition by relying upon a Larger Bench Judgment reported in 2006(4) CTC 689 (K.Marappan Vs.The Deputy Registrar of Cooperative Societies, Namakkal Circle, Namakkal)stating that no Writ is maintainable against the Cooperative Society. 3. The learned counsel for the appellant submitted that payment of subsistence allowance to a suspended employee is a statutory right. Thestatutory right conferred under the Tamil Nadu Payment of SubsistenceAllowance Act and a similar issue was considered by the Division Bench of this Court in a decision reported in 2009(1) MLJ 18 (I.I.558,Kuthiraichandal Primary Cooperative Bank Ltd., Kuthiraichandal Post Vs.A.Asokan and another) wherein the maintainability of the Writ petition regarding payment of subsistence allowance to a Cooperative Bank employee was considered and the Division Bench held that if the Cooperative Bankviolates the statutory provision by not paying the subsistence allowance to the suspended employee, Writ is maintainable and confirmed the order passed by the learned Single Judge made in W.P.No.40249 of 2006 dated23.03.2007.

In the said judgment, the Government Order issued inG.O.Ms.No.55 Cooperation Food and Consumer Protection Department, dated12.03.2000 was also considered, which was issued under Section 75 of the Tamil Nadu Cooperative Societies Act, 1983. The Larger Bench decision reported in 2006(4) CTC 689 relied on by the learned Single Judge is also considered.

The learned Government Advocate for the respondents after perusing the said judgment submitted that the matter in issue is covered by the said Division Bench Judgment.