IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.02.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Varalakshmi ... Petitioner Vs.

The Managing Director / Additional Registrar Kancheepuram District Central Cooperative Bank Ltd., No.15-G, Sekkupettai North street, Kancheepuram – 631 501. ... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to disburse the petitioner’s subsistence allowance for the month of December, 2024 and January 2025 i.e., from 21.11.2024 to 20.02.2025 at the rate of 75% of the last drawn wages and for the period from 21.02.2025 to 28.02.2025 at the rate of 100% subsistence allowance to the petitioner by deducting the subsistence allowance as already paid.

For Petitioner : Mr.C.Prakasam For Respondent : Ms.G.Thilagavathy Senior Counsel for Mr.R.Gopinath Standing Counsel

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondent to disburse the petitioner’s subsistence allowance for the month of December, 2024 and January 2025 i.e., from 21.11.2024 to 20.02.2025 at the rate of 75% of the last drawn wages and for the period from 21.02.2025 to 28.02.2025 at the rate of 100% subsistence allowance to the petitioner by deducting the subsistence allowance as already paid.

2.The learned counsel appearing for the petitioner submitted that the petitioner was appointed as Assistant in the respondent Bank and was promoted as Assistant Manager / Circle Supervisor in the same Bank. The respondent suspended the petitioner from service on 21.08.2024 and the respondent paid only 50% of the petitioner’s last drawn wage as subsistence allowance from September, 2024 to November, 2024 and the same continued upto 20.02.2025. However, as per the Tamil Nadu Payment of Subsistence Allowance Act, 1981, the petitioner is entitled to receive 75% of the wages as subsistence allowance beyond the period of ninety days and after one hundred and eighty days, the petitioner is entitled to receive 100% of the wages as subsistence allowance. Hence, this Court may issue direction to the respondent to pay 100% of the last drawn wages as subsistence allowance, till the completion of the proceedings.

3.The learned Senior Counsel appearing for the respondent submitted that the petitioner was placed under suspension on 21.08.2024 and charge memo was issued to the petitioner on 14.10.2024. Till date the enquiry is not completed due to the non cooperation of the petitioner. The petitioner is repeatedly raising queries before the Enquiry Officer and hence Enquiry Officer was changed, which delayed the proceedings, thereby 50% of the last drawn wages was paid as subsistence allowance in terms of the proviso available in the Tamil Nadu Payment of Subsistence Allowance Act.

4.The learned Senior Counsel appearing for the respondent further submitted that the delay in concluding the proceedings is due to the delay attributed by the petitioner and further submitted that as soon as the respondent receive the Enquiry Officer’s report, disciplinary proceedings will be concluded within a reasonable time.

5.Heard the arguments advanced on either side and perused the materials available on record.

6.The petitioner was placed under suspension on 21.08.2024 and charge memo was issued to the petitioner on 14.10.2024. The petitioner also did not dispute the change of Enquiry Officer. The grievance of the petitioner is that the respondent did not pay subsistence allowance as per Section 3 of the Tamil Nadu Payment of Subsistence Allowance Act, 1981.

7.It is useful to extract hereunder Section 3 of the Tamil Nadu Payment of Subsistence Allowance Act, 1981:

“3. Payment of subsistence allowance- (1) An employee who is placed under suspension shall, during the period of such suspension, be entitled to receive payment from the employer as subsistence allowance, an amount equal to fifty percentum of the wages which the employee was drawi