IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2016

CORAM:

THE HON'BLE MR.JUSTICE S.MANIKUMAR

AND

THE HON'BLE MR.JUSTICE N.AUTHINATHAN

Writ Appeal No.1552 of 2012

The Special Officer

5558 Vadugapatty Primary Agricultural

Co-operative Credit Society

Vadugapatty

Harur Taluk

Dharmapuri District

... Appellant

Vs.

1.T.R.Murugan

2.The Joint Registrar of Co-operative Societies

Dharmapuri Region

Dharmapuri

... Respondents

WRIT Appeal filed under clause 15 of the Letters Patent

against the order dated 11.08.2011 made in W.P.No.15896 of 2011.

Prayer in W.P.No.15896 of 2011:-]

Writ of Mandamus, directing the respondents to pay the

subsistence allowance from 5.8.2009 to 17.1.2011 and salary

from 18.1.2011 to till date to the petitioner.

For Petitioner : L.P.Shanmugasundaram

For Respondents : Mr.R.Ravichandran

Additional Govt. Pleader for R2

No Appearance for R1

JUDGMENT

(delivered by S.MANIKUMAR, J)

Challenge in this writ appeal is to the order dated

11.08.2011 made in W.P.No.15896 of 2011, by which, the writ

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

court, directed payment of subsistence allowance to the first

respondent, Secretary of 5558, Vadugapatty Primary Agricultural

Co-operative Credit Society, Harur Taluk, Dharmapuri District.

2. When the writ appeal came up for hearing on 01.11.2016,

placing reliance on a judgment of a Hon'ble Division Bench of

this

court

in

W.A.No.1411/2008

dated

20.11.2011,

Mr.L.P.Shanmugasundaram, learned Special Government Pleader,

submitted that Secretary of a Co-operative Society, will not

fall under the definition of an employee under Section 2(a) of

the Tamil Nadu Subsistence Allowance Act, 1981. He, therefore,

submitted that the order of the writ court, directing payment of

subsistence allowance, requires to be interfered.

3. On 01.11.2016, there was no representation on behalf of

the first respondent/Secretary. Therefore, to provide an

opportunity, Registry was directed to post the matter on

02.11.2016 and thus it is listed. Today also, there is no

representation, on behalf of the first respondent. In the above

said circumstances, we are constrained to dispose of the writ

appeal, on merits.

4. Facts leading to the appeal are that the first

respondent/Secretary of 5558, Vadugapatty Primary Agricultural

Co-operative Credit Society, Harur Taluk, Dharmapuri District,

was placed under suspension, by the Special Officer, 5558,

Vadugapatty Primary Agricultural Co-operative Credit Society,

Harur Taluk, Dharmapuri District, vide order, dated 05.08.2009,

pending disciplinary action. A charge memo dated 17.08.2009 was

issued. The Enquiry Officer filed a report dated 19.04.2010,

holding that the charges leveled against the respondent No.1, as

proved.

5. Subsequently, vide order dated 19.1.2011, respondent No.1

was reinstated in service. Grievance of the first respondent was

that he was not paid subsistence allowance from 05.08.2009 to

17.01.2011 and salary from 18.01.2011 onwards. However, during

the course of hearing of the writ petition, learned counsel for

the first respondent submitted that salary was paid from

18.11.2011.

6. Before the writ court, learned Additional Government

Pleader has not disputed non-payment of subsistence allowance

during the above said period. Placing reliance on K.Marappan vs.

Deputy Registrar of Co-operative Society, Namakkal reported in

(2006) 4 CTC 689, objection has been made to the maintainability

of the writ petition. The appellant has also relied on the order

of this court dated 25.01.2010 made in W.P.No.26552 of 2009,

wherein writ petition filed by the first respondent herein, has

been dismissed as not maintainable, as against Co-operative

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Society, when petitioner therein had prayed for an order, for

payment of salary.

7. Adverting to the