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