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 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 Co-operative 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.
12.09.2017 rpl To President S. 836 Royakottai Primary Agricultural Coop Credit Society, Royakottai Post, Thenkanikottai TK Krishnagiri District, S.M. SUBRAMANIAM,J.
rpl W.P.No. 30701 of 2015 12.09.2017