Madras High Court
S.Karthikeyan vs )The Joint Registrar Of Co-Operative ... on 21 December, 2015
Author: D.Hariparanthaman
Bench: D.Hariparanthaman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2015
CORAM
THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN
W.P(MD)No.23131 of 2015
S.Karthikeyan ... Petitioner
Vs.
1)The Joint Registrar of Co-operative Societies,
Virudhunagar Region,
Virudhunagar.
2)The Assistant Registrar of Co-operative Societies,
Pandalkudi Road,
Aruppukottai-626 101.
3)The President,
SP.SPL 63, Nakkalakottai Primary Agriculture
Co-operative Credit Society Ltd.,
at Sennalkudi Village,
Mettukundu Post,
Virudhunagar District-626 004. ...Respondents
Petition filed under Article 226 of the Constitution of India, praying
for issuance of a Writ of Mandamus, directing the 3rd respondent to pay
arrears of subsistence allowance and salary to the petitioner considering his
representation dated 26.10.2015 within the time stipulated by this Hon'ble
Court.
!For Petitioner : Mr.G.Aravinthan
For Respondent : Mr.T.R.Janarthanam, AGP
:ORDER
The petitioner was placed under suspension by the 3rd respondent on 05.06.2013. A charge memo dated 03.08.2013 was issued. Thereafter, an enquiry was conducted. Ultimately, he was dismissed from service by order dated 04.02.2014.
2.The petitioner filed revision before the revisional authority under Section1 53 of the Tamil Nadu Co-operative Societies Act. The revisional authority passed an order dated 23.09.2015 partly allowing the revision and remitting the matter to the 3rd respondent, to hold enquiry again.
3.In these circumstances, the petitioner is now placed under suspension and the enquiry has to be completed and final order is to be passed after remand by the revisional authority.
4.The grievance of the petitioner is that he is not paid subsistence allowance right from the date of suspension. Hence, he has filed this writ petition seeking a direction to the 3rd respondent to pay arrears of subsistence allowance from the date of his suspension and continue to pay the same till final order is passed pursuant to remand by the revisional authority.
5.In view of the limited prayer made, the writ petition is disposed of directing the 3rd respondent to pay subsistence allowance with arrears, if not already paid, from the date of suspension. If the subsistence allowance is already paid, that could be adjusted and the arrears upto 31.12.2015 shall be paid within a period of three months from the date of receipt of a copy of this order. The subsistence allowance from January 2016 and for the subsequent months shall be paid on or before 10th of subsequent month, till the final order is passed on the disciplinary proceedings initiated against the petitioner. No costs.
To
1)The Joint Registrar of Co-operative Societies, Virudhunagar Region, Virudhunagar.
2)The Assistant Registrar of Co-operative Societies, Pandalkudi Road, Aruppukottai-626 101.
3)The President, SP.SPL 63, Nakkalakottai Primary Agriculture Co-operative Credit Society Ltd., at Sennalkudi Village, Mettukundu Post, Virudhunagar District-626 004..