Writ petitions maintaining claims for Subsistence Allowance can be valid despite alternate remedies under cooperative laws when timely financial support is crucial for suspended employees.

J U D G M E N T

Dated this the 22^nd day of January, 2026 The petitioner, who is Senior Clerk under the Neduvathoor Service Co-operative Bank Limited, has approached this Court seeking to direct the respondents to pay Subsistence Allowance from 02.09.2023 till date forthwith.

2. The petitioner, while working as Senior Clerk, was placed under suspension in contemplation of a disciplinary enquiry. The grievance of the petitioner is that though more than two years have lapsed since the date of suspension, neither the disciplinary proceedings are concluded nor the petitioner is paid Subsistence Allowance. The petitioner would submit that as per Rule 198 of the Kerala Co-operative Societies Rules, the petitioner is entitled to Subsistence Allowance under the Kerala Payment of Subsistence Allowance Act, 1972 .

3. The respondents entered appearance and resisted the writ petition. The respondents submitted that the petitioner has not made available Non-Employment Certificate, so as to make him entitled to payment of Subsistence Allowance. The respondents further submitted that a writ petition is not maintainable as the dispute is susceptible to Section 69 of the Kerala Co-operative Societies Act . The writ petition is therefore liable to be dismissed.

4. I have heard the learned Counsel for the petitioner, learned Standing Counsel representing the respondents and the learned Government Pleader representing the 3^rd respondent.

5. As regards the payment of Subsistence Allowance, the respondents have no specific case regarding the non eligibility of the petitioner to receive Subsistence Allowance. The only defence advanced by the respondents is that the petitioner has not made available the Non- Employment Certificate. From the pleadings, I find that the petitioner has produced Ext.P2 Non-Employment Certificate. The attempt of the respondents appears to be to deny the legal dues to the petitioner, under one pretext or the other.

6. The respondents would further urge that a writ petition is not maintainable at the instance of the petitioner, as the petitioner has effective alternate remedy under Section 69 of the Kerala Co-operative Societies Act .

7. I find that the writ petition relates to payment of Subsistence Allowance. The Subsistence Allowance is paid to help an employee to overcome immediate crisis arising out of suspension. In that view of the matter, arbitration proceedings under Section 69 cannot be treated as an efficacious alternate remedy.

8. Furthermore, I find that the writ petition was filed on 17.03.2025. More than ten months have lapsed. In the facts of the case, it would not be fair to drive away the petitioner, who is still not in receipt of payment of Subsistence Allowance in spite of an interim order of this Court.

In the facts of the case, the writ petition is allowed.

The respondents are directed to pay the petitioner arrears of Subsistence Allowance due to him till date and continue to pay the Subsistence Allowance till disciplinary proceedings are concluded or till the suspension is revoked. Arrears of Subsistence Allowance shall be paid on or before 28.02.2026, failing which the arrears would carry 8%

interest.