IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 27.06.2008 Coram THE HON’BLE MR. JUSTICE K.CHANDRU W.P.Nos.10812, 11909 and 12143 of 2008 and M.P.Nos.1 and 1 in W.P.Nos.10812 and 11909 of 2008 and M.P.No.2 in W.P.No.12143 of 2008 G.Pandithurai ...Petitioner in WP 10812/2008 T.Ramalingam ...Petitioner in WP 11909/2008 G.Pandian ...Petitioner in WP 12143/2008 Vs. The Special officer, R 2650, Keezhakudiyiruppu Primary Agricultural Coop Bank, Keezhakudiyiruppu Village & Post Udayarpalayam Taluk, Ariyalur District. ...Respondent in WP 10812/2008 The Chairman Common Cadre Authority/ Joint Registrar of Coop. Societies Perambalur Region, Perambalur. ...Respondent in WP 11909/2008 1. The Chairman Common Cadre Authority/ Joint Registrar of Coop. Societies Tiruvannamalai Region, Tiruvannamalai Tiruvannamalai District. 2. The Special Officer, H.H.498, Nadalaganadal Primary Agricultural Co-operative Bank Ltd., Nadalaganadal Post, Tiruvannamalai District. ...Respondents in WP 12143/2008 (R2 impleaded as per order of this Court dated 27.06.2008 in MP No.3/08 in WP 12143/08) https://hcservices.ecourts.gov.in/hcservices/ PETITIONS filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified mandamus calling for the entire records relating to the impugned order of suspension of the service of the petitioners passed by the respondent in his proceedings No.2/2007(2), 849/2007/Vae.Sae.Sa. dated 07.02.2007 and Na.Ka.No.2713/2008 Tho.Vae.Ku.Va. dated 03.03.2008 respectively and quash the same as null and void and consequently direct the respondent to reinstate the petitioners with backwages and other benefits for the period under suspension. For Petitioners :Mr.C.Prakasam For Respondent :Mrs.C.K.Vishnupriya,AGP Mr.M.S.Palanisamy for the Impleaded parties O R D E R These three writ petitioners are Secretaries of the respective Primary Agricultural Co-operative Bank and they also belong to the common cadre. In the present case, they were suspended by the Controlling authority constituted under the provisions of G.O.Ms.No.55 Co-operation Department dated 24.03.2000. The petitioners have challenged the said suspension orders in these writ petitions. 2. Pending the writ petitions, the petitioners have obtained interim stay. On behalf of the Special Officer, an impleading petition is filed in M.P.No.3 of 2008 in W.P.No.12143 of 2008. Even though Mr.C.Prakasam states that the Special Officer is not a necessary party, this Court is of the opinion that so long as the control of the Society vests with the Special Officer, the Secretary being an employee of the Society and as cadre control alone vests with the Controlling Authority, Society is a proper and necessary party in the writ petition. Hence, M.P.No.3 of 2008 is ordered. 3. In the present cases, it is against the suspension order the petitioners are aggrieved. They can only move the Registrar under Section 153 of the Act, failing which the Government under Section 154. The writ petitions are not maintainable in the light of the larger Bench judgment of this Court in the case of K.Marappan vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal and another rendered in 2006(4)CTC pg 689. Accordingly, these writ petitions stand dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 4. Mr.C.Prakasam, learned counsel for the petitioners submits that the petitioners have not been paid subsistence allowance. This Court has already in more than one decision has held that the employees who are coming in the cadre covered by the provisions of G.O.Ms.No.55 Co-operation Department dated 24.03.2000 are entitled https://hcservices.ecourts.gov.in/hcservices/ to subsistence allowance pending the enquiry. Therefore, the respondent here can very well direct the Special Officer to pay the subsistence allowance, if not paid already. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar gms To 1. The Special officer, R 2650, Keezhakudiyiruppu Primary Agricultural Coop Bank, Keezhakudiyiruppu Village & Post Udayarpalayam Taluk,Ariyalur District. 2. The Chairman Common Cadre Authority/ Joint Registrar of Coop. Societies Perambalur Region, Perambalur. 3. The Chairman Common Cadre Authority/ Joint Registrar of Coop. Societies Tiruvannamalai Region, Tiruvannamalai Tiruvannamalai District. 4.The Special Officer, H.H.498, Nadalaganadal Primary Agricultural Co-operative Bank Ltd., Nadalaganadal Post, Tiruvannamalai District. +1cc to Mr.C.Prakasam, Advocate Sr 33273 +1cc to Mr.M.S.Palanisamy, Advocate Sr 33109 +1cc to Govt. Pleader Sr 33697 GV(CO) km/23.7. W.P.Nos.10812, 11909 and 12143 of 2008 https://hcservices.ecourts.gov.in/hcservices/