P.Muniappan, v. S.836 Royakottai Primary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.09.2017

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.30701 of 2015 P. Muniappan .. Petitioner vs S. 836 Royakottai Primary Agricultural Coop Credit Society, Royakottai Post, Thenkanikottai TK Krishnagiri District, Rep.by its President. .. Respondent Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus or any other appropriate writ or order or direction, calling for the records relating to memo dated 15.07.2015 of the respondent, quash the same and consequently direct the respondent to pay subsistence allowance to the petitioner from 12.12.2014, the date of suspension and continue to pay the same till passing of final orders into the charge memo dated 23.02.2015 of the respondent.

For Petitioner : Mr. S. Venkataraman For Respondent : Mr.L.P. Shanmugasundaram Special Government Pleader

O R D E R

The order of rejection, rejecting the claim of the writ petitioner to pay a subsistence allowance is under challenge in this writ petition.

2.

The relief sought for in this writ petition is against the respondent which is a Cooperative Society registered under the provision of Tamilnadu Cooperative Societies Act. No doubt, right of subsistence allowance is a basic right of the employee, who is under suspension is entitled to receive the subsistence allowance for his livelihood.

3.

No doubt,non payment of subsistence allowance is violation of Article 21 of the Constitution of India. The employee under suspension is not permitted to take any other employment and therefore subsistence allowance alone will be his livelihood for the employee. However, in the case on hand, the writ petitioner is an employee of the Cooperative Society, no https://hcservices.ecourts.gov.in/hcservices/

writ can be entertained against the Cooperative Society, in view of the fact that the Society is not a "State" within the meaning under Article 12 of the Constitution of India. Any order passed by the Special Officer or the Board of the Co-operative Society can be challenged only by way of revision, under Section 153 of the Tamil Nadu Co-operative Societies Act. The said legal principle has been well settled, by the larger bench of this court in the case of K.Marappan Vs. Deputy Registrar of Cooperative Society, Namakkal Circle, Namakkal - 636 001 and another reported in 2006 4 CTC 689.

4.

Thus, this Court is not inclined to entertain this writ petition. It is left open to the writ petitioner to approach the competent authorities under the provisions of Tamilnadu Cooperative Societies Act, so as to redress his grievances. 5.

With these observations, the writ petition stands dismissed as not maintainable. However, there shall be no order as to costs.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar rpl To The President S. 836 Royakottai Primary Agricultural Coop Credit Society, Royakottai Post, Thenkanikottai TK Krishnagiri District.

+2 Ccs to Mr.C. Prakasam, advocate sr 66711 +1 CC to Mr.N.S. Venkatraman, advocate sr 66310. W.P.No. 30701 of 2015 RJ(CO) sp(06/10/2017) https://hcservices.ecourts.gov.in/hcservices/