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2008 Supreme(Mad) 4133

D.MURUGESAN, V.PERIYA KARUPPIAH
I. 558 Kuthiraichandal Primary Co-operative Bank Limited – Appellant
Versus
A. Asokan & Another – Respondent


Advocates Appeared:
For the Appellant: Mr. G. Sankaran, Addl. Govt. Pleader.
For the Respondents:Mr. S. Venkataraman, Advocate.

Judgment :-

D. Murugesan, J.

The short question that arises for consideration in this writ appeal is

"Whether the Secretary of Primary Agricultural Co-Operative Bank belonging to Common Cadre Service is entitled to payment of subsistence allowance in terms of G.O.Ms.No. 55 Cp.Operation Food and Consumer Protection Department, dated 12.03.2000, during the period of his suspension?

2. The above issue arises under the following circumstances. The writ petitioner, while he was working as Secretary of the Primary Agricultural Co-Operative Bank Limited, Kuthiraichandal was suspended from service in contemplation of inquiry into grave charges on 19.03.2002. He was paid subsistence allowance till 31.03.2003. However, the said payment of subsistence allowance was stopped thereafter. He made several representations from 21.06.2003 and lastly on 16.09.2006, for payment of subsistence allowance. All his representations, though were acknowledged by the special Officer of the Co-Operative Bank, no subsistence allowance was paid. In the mean time he was also issued with the charge memo dated 27.05.2000 and the inquiry was kept pending.

3. As his requests for payment of subsistence allowance was














































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