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Madras High CourtWP/20934/2025disposed of

P.Chinnasamy v. The Registrar

2025-06-17Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-06-2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN AND WMP NO. 23647 OF 2025

1. P.Chinnasamy S/o.Periyasamy No.1/358-p.V Layout, S.V.Puram, S.V.Mills Post, Udumalpet Taluk, Tirupur District- 642 128.

Petitioner(s) Vs

1. The Registrar Co- Operative Societies, N.V.Natarajan Maligai, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai-10.

2.The Joint Registrar Cooperative Society, Tirupur Zone, Tirupur District.

3.The Administrator K.1104 Elayamuthur Primary Agricultural Co- Operative Credit Society, Elayamuthur Post, Udumalpet Taluk, Tiruppur District-642 154.

Respondent(s)

PRAYER Writ Petition filed under Article 226 of The Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 10.02.2025 in Se. Mu.Aa. No. 352/ 2025/ Ve1 by the 2 nd respondent and quash the same as illegal and consequently direct the 2 nd respondent authority to pay subsistence allowance to the petitioner for the period of his suspension within the time frame stipulated by this Honble court. For Petitioner(s):

M/s. M.Sudhan For Respondent(s):

Mr.Muthusamy, Govt. Advocate For R1 and R2 Mr.C.Sathish, Govt. Advocate For R3 **********

ORDER

This writ petition has been filed to call for the records relating to the impugned order dated 10.02.2025 in Se. Mu.Aa. No. 352/ 2025/ Ve1 by the 2 nd respondent and quash the same as illegal and consequently direct the 2 nd respondent authority to pay subsistence allowance to the petitioner for the period of his suspension within the time frame stipulated by this Honble court.

2. Heard Mr.M.Sudhan, learned counsel for the petitioner, Mr.Muthusamy, learned Government Advocate for the respondents 1 and 2 and Mr.C.Sathish, learned Government Advocate for the 3 rd respondent.

3. The learned counsel for the petitioner would submit that the petitioner served as a Clerk in the respondent-Society. While the petitioner was in service,

he was charged with POCSO offence and thereafter, he was suspended on 18.06.2021. Thereafter, after full trial, the petitioner was acquitted from the criminal cases and thereafter, the respondent has reinstated him on 28.04.2023. It is the specific submission of the petitioner that no subsistence allowance was paid to him under the Tamil Nadu Government Servants (Conditions of Service), Act, 2016.

4. However, the learned counsel for the respondent would submit that as per Rule 30(4)(i) of the Tamil Nadu Agriculture Co-Operative Credit Societies Common Cadre Service Rules, 2019, a Common Cadre employee is entitled for a subsistence allowance in accordance with the Tamil Nadu Payment of Subsistence Allowance Act, 1981. The provisions of the above Rule states that the subsistence allowances shall be made only upon furnishing of certificate for not engaging in any other employment, business, profession, vocation related occupation, it is incumbent upon the delinquent to furnish the certificate to the effect that he was not engaged in any other employment, business, profession, vocation related occupation during the suspension period. It is his specific submission that such certificate has not been submitted by the petitioner and that in the absence of the said certificate, they are not in a position to pay the subsistence allowance.

5. At this juncture, the learned counsel for the petitioner would submit that they would submit the said certificate.

6. In such view of the matter, on production of such certificate, the 3 rd respondent is directed to pay the subsistence allowance, within a period of six(6) weeks in accordance with law, if the petitioner is otherwise eligible.

7. In the result, this writ petition is disposed of with the above directions. There shall be no order as to costs. Consequently, connected WMP is also closed.

17-06-2025 kmi Index:Yes/No Speaking order Internet:Yes To 1.The Registrar Co- Operative Societies, N.V.Natarajan Maligai, No.170, E.V.R. Periyar High Road, Kilpauk, Chennai-10.

2.The Joint Registrar Cooperative Society, Tirupur Zone, Tirupur District.

3.The Administrator K.1104 Elayamuthur Primary Agricultural Co- Operative Credit Society Elayamuthur Post, Udumalpet Taluk, Tiruppur District-642 154.

C.KUMARAPPAN J.

kmi AND WMP NO. 23647 OF 2025 17-06-2025