1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.A.(MD)No.91 of 2011 R.Arunachalam ... Appellant Vs. 1.The Joint Registrar of Cooperative Societies, Ganapathy Nagar, Medical College Road, Thanjavur, Thanjavur District. 2.The Deputy Registrar of Cooperative Societies, Pattukottai, Thanjavur District. 3.The Special Officer, TA 47-Mudalcheri Primary Agricultural Cooperative Bank, Pallikondan, Pattukottai Taluk, Thanjavur District. ... Respondents Prayer: 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 of 2010. WP(MD) NO. 2548 of 2010 presented under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus, calling for the records of the impugned order issued by the third respondent dated 12.11.2009 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.Ramakrishnan For 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/ 2 18.11.2010 wherein the appellant has challenged the order issued by the 3rd 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. The statutory right conferred under the Tamil Nadu Payment of Subsistence Allowance 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 Bank violates 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 dated 23.03.2007. 4.In the said judgment, the Government Order issued in G.O.Ms.No.55 Cooperation Food and Consumer Protection Department, dated 12.03.2000 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. 5.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. 6.In the light of the said judgment, the order of the learned Single Judge is set aside and the Writ Appeal is allowed and the order passed by the 3rd respondent dated 12.11.2009 is set aside. The 3rd respondent is directed to calculate the subsistence allowance payable to the appellant till his retirement i.e. 30.04.2008 and pay the amount payable to the appellant, within a period of 4 weeks from the date of receipt of a copy of this order. No costs. SD/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Joint Registrar of Cooperative Societies, Ganapathy Nagar, Medical College Road, Thanjavur, Thanjavur District. 2.The Deputy Registrar of Cooperative Societies, Pattukottai, Thanjavur District. 3.The Special Officer, TA 47-Mudalcheri Primary Agricultural Cooperative Bank, Pallikondan, Pattukottai Taluk, Thanjavur District. +1 CC TO THE SPECIAL GOVERNMENT PLEADER S.R NO. 8487 W.A.(MD)No.91 of 2011 09.02.2011 nbj PAM 07.03.2011/5C/3P https://hcservices.ecourts.gov.in/hcservices/