Date:13/02/2006 URL: http://www.thehindu.com/2006/02/13/stories/2006021315851000.htm

Tamil Nadu

"Staff can get subsistence allowance even after dismissal"

Staff Reporter

MADURAI: The Madurai Bench of the Madras High Court has held that an employee is entitled to subsistence allowance even after he is terminated from service.

Allowing a writ petition filed by a former employee of the primary agricultural cooperative bank at V. Kurumbapatti in Dindigul district, Justice P. Jyothimani said: "As per the provisions of the Tamil Nadu payment of Subsistence Allowance Act, 1981, though an employee has been terminated from service, he has the right to get subsistence allowance for the period of suspension."

The judge refused to accept the Special Government Pleader's contention that the petitioner was not entitled to subsistence allowance after being removed from service. The authorities were duty-bound to disburse the allowance, and the petitioner had been "driven" to the court because the officials failed to perform their duty.

In his affidavit, K. Jeyachandran of Dindigul said he was suspended from service between April 10, 2004 and September 30, 2005, pending an inquiry. Though he made several representations to the special officer of the cooperative bank and the Circle Deputy Registrar of cooperative societies, the officials did not disburse the subsistence allowance for the suspension period.