SPECIAL OFFICER Vs. M SRINIVASAN

JUDGEMENT

(1.) HEARD Mr. M.S. Palaniswamy, learned counsel in support of this appeal Mr. C.K. Chandrasekaran, learned counsel appearing for the first respondent and Mr. Raja Kalifulla, learned Government Pleader appearing for the second respondent.

(2.) THE appellant herein is a co-operative bank, which is seeking to challenge the order passed by the learned single Judge, whereby the learned single Judge has allowed the writ petition filed by the first respondent herein, who was working as the Secretary in the Bank. He was suspended on 18th May, 2007. THE writ petition was filed seeking for subsistence allowance during the period of suspension, which petition was allowed by the learned single Judge. Aggrieved against the said order, the bank has come forward with this appeal.

(3.) NOW, as can be seen, the subsistence allowance, which is claimed by the first respondent, is under G.O.Ms.No,55 dated 24th March, 2000 issued by the State Government under Section 151 of the Tamil Nadu Primary Agricultural Co-operative Bank Common Cadre Service Regulations, 2000. Under Clause 29(d)(1) of the said Regulations, an employee under suspension shall be entitled to subsistence allowance as per the payment of Subsistence Allowance Act, 1981. It is thus clear that this Regulation issued under the Cooperative Societies Act gives the right to a suspended employee to receive the subsistence allowance and the subsistence allowance will be as per the provisions of Subsistence Allowance Act, 1981. It means that the rate of subsistence allowance to be paid will be as per the provisions under that Act. The source of the authority for this regulation is not under the Subsistence Allowance Act, 1981, but under the Co-operative Societies Act.