Madras High CourtWP(MD)/9417/2023allowed

Jansi Chandrakantha J v. The Joint Registrar Of Co-Operative Societies

2023-06-27Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.9417 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9417 of 2023 J.Jansi Chandrakantha ... Petitioner Vs.

1. The Joint Registrar of Co-operative Societies, Thoothukudi District.

2. The Deputy Registrar of Co-operative Societies, Medano Street, Veerapandiapattanam, Thiruchendur, Thoothukudi District.

3. The President, TC-26, Kurumbur Primary Agricultural Co-operative Credit Society, Kurumbur, Eral Taluk, Thoothukudi District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representations of the petitioner dated 11.01.2022, 03.02.2022, 03.03.2022, 03.04.2022, 03.05.2022 claiming arrears of salary from 01.09.2021 to 14.09.2021 and also towards payment of subsistence allowance, from 15.09.2021 and to pass suitable orders within a time frame as may be fixed by this Court. 1/4

2 W.P.(MD)NO.9417 OF 2023 For Petitioner : Mr.G.Aravinthan For R-1 & R-2 : Mr.S.Shanmugavel, Additional Government Pleader.

For R-3 : Mr.D.Shanmugaraja Sethupathi * * *

O R D E R

Heard the learned counsel on either side.

2. The petitioner was employed in the third respondent society as Assistant. She is said to have committed misappropriation and caused loss to the society. A criminal case has been registered against her. She is under suspension. Her grievance is that she must be given subsistence allowance for the suspension period.

3. No exception can be made to this request. An employee who is yet to be terminated from service is entitled to payment of subsistence allowance during the period of suspension. Whatever be the gravity of the charges against the petitioner she cannot be denied the said benefit. 2/4

3 W.P.(MD)NO.9417 OF 2023

4. The third respondent is directed to pay subsistence allowance to the petitioner. This shall be done as expeditiously as possible. This writ petition stands allowed. No costs. 27.06.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The Joint Registrar of Co-operative Societies, Thoothukudi District.

2. The Deputy Registrar of Co-operative Societies, Medano Street, Veerapandiapattanam, Thiruchendur, Thoothukudi District.

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4 W.P.(MD)NO.9417 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.9417 of 2023 27.06.2023 4/4