IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.10.2018

Coram

The Hon'ble Mr.Justice Satrughana Pujahari

Writ Petition No.1706 of 2018

M.Elango

...Petitioner

Vs.

1.The Registrar,

The Co-operative society,

N.V.Natarajan Maligai,

Periyar EVK High Road,

Kilpauk,

Chennai-600 010.

2.The Deputy Registrar,

The Co-operative Society,

The Officer of the Assistant Registrar,

Sudhakaran Complex, Vellore Road,

Tiruchengodu, Namakkal District-637 211.

3.The President,

S.1067, Jamin Elampalli PACS,

Jamin Elampalli Post, Solasiramani(Via),

Paramathi Velur(Tk),

Namakkal District-637 210

4.The Administrator,

S.1067, Jamin Elampalli PACS,

Jamin Elampalli Post, Solasiramani(Via),

Paramathi Velur(Tk),

Namakkal District-637 210

...Respondents

Writ Petition filed under Article 226 of the Constitution of

India, for issuance of Writ of Mandamus directing the third

respondent to take proper steps on petitioner's representation

dated 18.01.2017 regarding the payment of subsistence allowance

and other allowances to the petitioner.

For Petitioners: Mr.G.Murugendran

For Respondents : Mr.L.P.Shanmugasundaram, Spl.G.P.

https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard Mr.G.Murugendran, the learned counsel appearing for

the petitioner and Mr.L.P.Shanmugasundaram, learned Special

Government Pleader, who accepts notice on behalf of the

respondents. With the consent of the learned counsel on either

side, the Writ Petition is taken up for disposal.

2.This writ petition has been filed by the petitioner

challenging the action of the respondents in non-payment of

subsistence allowance to him inasmuch though he is continuing

under suspension, and as such legally entitled to the same.

3. It is not in dispute that the petitioner is not paid the

subsistence allowance. However, during the course of hearing on

admission, the learned counsel for the petitioner submits that

the petitioner is entitled to subsistence allowance inasmuch

as the same cannot be denied to him, hence the writ petition may

be disposed of with a direction of giving him the subsistence

allowance in appropriate scale.

4. However, the learned Special Government Pleader appearing

for the respondents relying on a decision of this Court in the

case of K.Avanaslappan Vs. The Management of Thekkalur Primary

Agricultural Co-operative Bank and Others(CDJ 2011 MHC 6513)

dated 20.12.2011, has submitted that the petitioner does not

come within the definition of an ''employee'' as per

Section 2(a) of the Tamilnadu Payment of Subsistence Allowance

Act, 1981, hence, the writ petition is deviod of merit.

5. After hearing the counsel for the parties and going

through the materials on record and in view of the decision

rendered by a Division Bench of this Court in W.A.No.1569 of

2012 dated 10.02.2015 in the case of Special Officer, D.K.81,

Chennasandiram Primary Agricultural Co-operative Credit Society

Ltd., Vs. P.Periyannan and Another, wherein, addressing the

similar contention raised by the appellant and also taking note

of the law laid down in the case of K.Avanaslappan Vs. The

Management of Thekkalur Primary Agricultural Co-operative Bank

and Others cited supra, have held that in view of Regulations

governing the Co-operative Society, the Secretary is also

entitled to subsistence allowance. Hence, the contention

advanced by the learned Special Government Pleader that the

petitioner is not entitled to subsistence allowance, appears to

be devoid of merit.

6.Therefore, the petitioner being an suspended employee is

entitled to the substance allowance. Hence, the respondents are

directed to consider the representation of the petitioner dated

18.01.2017 for payment of such substance allowance to the

petitioner within a period of three weeks from the d