Madras High Court
D.Subramanian vs The Joint Registrar Of ... on 29 June, 2021
W.P(MD)No.7909 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.06.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
W.P(MD)No.7909 of 2021
D.Subramanian ... Petitioner
vs.
1.The Joint Registrar of Co-operative Societies,
Office of the Joint Registrar of Co-operative Societies,
Madurai.
2.The Deputy Registrar of Co-operative Societies,
Madurai Division,
Madurai.
3.The President,
A.2982 of Pallapatti Primary Agricultural
Co-operative Credit Society,
Pallapatti,
Madurai District.
4.The President,
A.2997, Melavalavu Primary Agriculture
Co-operative Society,
Melavalavu,
Madurai District. ... Respondents
(R – 4 is impleaded vide order, dated 23.04.2021)
1/6
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7909 of 2021
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to pay
subsistence allowance to the petitioner on the basis of his representation,
dated 10.03.2021.
For Petitioner : Mr.C.Jeganathan
For RR 1 & 2 : Mr.P.Subbaraj
Government Advocate
ORDER
The petitioner has filed the present Writ Petition, to direct the
respondents 1 and 2 to pay subsistence allowance to him, on the basis of
his representation, dated 10.03.2021.
2.According to the petitioner, he was appointed as an Attender in the
third respondent Society on 02.06.1988. An inspection, under Section 82 of
the Tamil Nadu Co-operative Societies Act, was conducted and based on the
said inspection report, sur-charge proceedings were initiated. The petitioner
has challenged the sur-charge proceedings initiated by the second
respondent by filing a Writ petition in W.P(MD)No.14852 of 2020 and the
said Writ Petition is pending before this Court. The second respondent
ordered enquiry under Section 81 of the Tamil Nadu Co-operative Societies
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W.P(MD)No.7909 of 2021
Act and issued charge-memo. While so, the petitioner was transferred from
the third respondent Society to the fourth respondent Melavalavu Society on
16.07.2019. The Administrator of Melavalavu Society by proceedings, dated
08.10.2020, placed the petitioner under suspension for five months. Even
before expiry of five months, the order of suspension was not revoked and
the petitioner was not paid subsistence allowance. The petitioner sent a
representation, dated 10.03.2021, to the respondents 1 and 2. So far, no
order has been passed. Hence, the petitioner has come out with the present
Writ Petition.
3.The learned counsel appearing for the petitioner relied on the
Judgment of the Division Bench of this Court reported in 2021 (1) CTC
465 [Registrar, Co-operative Society and others Vs. M.Elango] and
submitted that the First Bench held that the Secretary of the Society is a
cadre employee and he is entitled to subsistence allowance on suspension
and submitted that the petitioner is entitled to subsistence allowance and
prayed for a direction to the respondents to consider his representation,
dated 10.03.2021, for payment of subsistence allowance.
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W.P(MD)No.7909 of 2021
4.The learned Government Advocate appearing for the respondents
1 and 2, on instructions, submitted that the representation of the petitioner,
dated 10.03.2021, will be considered by the respondents 1 and 2 within the
time frame to be fixed by this Court.
5.Heard the learned counsel appearing for the petitioner and the
learned Government Advocate appearing for the respondents 1 and 2 and
perused the entire materials available on record.
6.Considering the submission of the learned counsel appearing for the
petitioner and the learned Government Advocate appearing for the
respondents 1 and 2 and perusal of the entire materials available on record,
it is seen that the petitioner while he was working in the fourth respondent
Society, suspended on 08.10.2020 by the respondents. But, he was not paid
subsistence allowance. As held by the First Bench of this Court in the
Judgment reported in 2021 (1) CTC 465 [Registrar, Co-operative
Society and others Vs. M.Elango], the petitioner as a Secretary is
entitled to subsistence allowance. In view of the ratio in the Judgment
referred to above, the first respondent is directed to consider the
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W.P(MD)No.7909 of 2021
representation of the petitioner, dated 10.03.2021, in consonance with the
above referred Judgment and grant eligible subsistence allowance to the
petitioner within a period of four weeks from the date of receipt of a copy of
this order.
7.With the above directions, this Writ Petition is disposed of. No costs.
29.06.2021
Index : Yes / No
Internet : Yes / No
ps
Note :
In view of the present lock down
owing to COVID-19 pandemic, a
web copy of the order may be
utilized for official purposes, but,
ensuring that the copy of the order
that is presented is the correct
copy, shall be the responsibility of
the advocate / litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P(MD)No.7909 of 2021
V.M.VELUMANI,J.
ps
To
1.The Joint Registrar of Co-operative Societies,
Office of the Joint Registrar of Co-operative Societies,
Madurai.
2.The Deputy Registrar of Co-operative Societies,
Madurai Division,
Madurai.
3.The President,
A.2982 of Pallapatti Primary Agricultural
Co-operative Credit Society,
Pallapatti,
Madurai District.
4.The President,
A.2997, Melavalavu Primary Agricultural
Co-operative Society,
Melavalavu,
Madurai.
W.P(MD)No.7909 of 2021
29.06.2021
https://www.mhc.tn.gov.in/judis/
