IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.09.2025 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR W.A.Nos.2817 & 2819 of 2025 and C.M.P.Nos.22874 & 22880 of 2025 The Special Officer, ZA-82-Radhamangalam Primary, Agricultural Co-operative Bank Ltd., Thevur, Nagapattinam District. ... Appellants in both cases -Vs-

P.Pakirisamy Pillai (Deceased)

1. P.Saraswathi

2. P.Sivasundaramoorthi

3. P.Sivakarthikeyan

4. The Deputy Registrar of Co-operative Societies, Nagapattinam and District. ... Respondents P.Pakirisamy Pillai (Deceased)

1. P.Saraswathi

2. P.Sivasundaramoorthi

3. P.Sivakarthikeyan

4. The Assistant Commissioner of Labour, (The Authority under the Tamil Nadu Payment of Subsistence Allowance Act, 1981), Trichirapalli and District.

5. The Deputy Commissioner of Labour, The Appellate Authority under the Tamil Nadu Payment of Subsistence Allowance Act, 1981), Trichirapalli and District. 6. The District Collector, Nagapattinam District, Nagapattinam. ... Respondents in W.A.No.2819 of 2025 COMMON PRAYER : Appeals filed under Clause XV of Letters Patent, against the order dated 17.12.2024 in W.P.Nos.21250 & 21251 of 2014.

For Appellants Mr.K.Senthil Kumar in both cases :

For Respondents : Mr.S.Ravikumar Special Government Pleader for R4 in both cases Mr.E.Vijay Anand Addl. Govt. Pleader for R5 & R6 in W.A.No.2819 of 2025

C O M M O N J U D G M E N T

(Judgment of the Court was delivered by R.SURESH KUMAR, J.)

These intra Court appeals have been directed against the orders dated

17.12.2024 made in W.P.Nos.21250 & 21251 of 2014.

2. One P.Pakirisamy was the original writ petitioner in both the writ petitions before the writ Court. He was an employee of the appellant Society. He was appointed as Watchman in the Society called 'Radhamangalam Primary Agricultural Co-operative Bank Limited, Thanjavur'. He joined duty on 01.07.1970 and was regularised on 01.07.1983. He was working as such till 2002. He was placed under suspension on 11.07.2002 followed by a charge memo which was issued on 19.07.2002.

3. For the said charge memo, a reply was given on 13.08.2002, not satisfied with the reply, an enquiry was contemplated by appointing an Enquiry Officer who conducted a preliminary enquiry and submitted a report on

01.10.2002 holding that the charges are proved.

4. In the meanwhile, since subsistence allowance had not been paid to the original writ petitioner, he had filed an application before the statutory authority under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (hereinafter referred to as 'the Act').

5. The said application dated 21.03.2006 filed by the original writ petitioner before the Assistant Commissioner of Labour, Trichy was allowed by allowing the subsistence allowance payable to the writ petitioner from 11.07.2002, i.e., date of suspension till 09.05.2005 and an award to that effect came to be passed on 13.07.2006 whereby the employer was directed to pay the subsistence allowance of Rs.1,67,255/-. Immediately the amount has not been paid and no appeal has been filed. However after a lapse of four years, appeal has been filed by the employer before the Deputy Commissioner of Labour, Trichy in Appeal No.3 of 2006 which was also dismissed by the Appellate Authority on 14.09.2012 confirming the award. Thereafter, the Assistant Commissioner of Labour had issued a certificate under Section 4 of the Act authorising the District Collector, Nagapattinam, to recover the said amount of Rs.1,67,255/- under the Revenue Recovery Act. Since the same has not been executed, he had filed the writ petition in W.P.No.21251 of 2014 seeking a direction to the fourth respondent therein, i.e., District Collector, Nagapattinam District to recover the amount under the Revenue Recovery Act, 1890.

6. In the meanwhile, the original writ petitioner attained the age of superannuation on 30.06.2008 and since no final order had been passed in the disciplinary proceedings initiated against him till the date o