E M SEKAR Vs. COMMON CADRE AUTHORITY

JUDGEMENT

(1.) HEARD both sides. The two writ petitions are filed by one and the same person.

(2.) IN the first writ petition in W. P. No. 36173 of 2005, Mr. G. Ethirajulu, learned counsel appearing for the petitioner fairly submits that subsequent to the filing of the writ petition, the petitioner was dismissed from service and the subject matter of the writ petition has become infructuous. Hence, W. P. No. 36173 of 2005 stands dismissed. No costs. The connected miscellaneous petition is closed.

(3.) IN W. P. No. 10849 of 2009, the case of the petitioner was that he was not paid subsistence allowance. By the impugned order dated 22. 05. 2009, he was informed that since the petitioner belonged to Managerial cadre or was engaged in administrative capacity he will not be covered by the provisions of the Tamilnadu Payment of Subsistence Allowance Act, 1981. Since the provisions of the Act has been referred to in Regulation 29 (d) of the Common Cadre Regulation made by G. O. Ms. No. 55, Cooperation Food and Consumer Protection Department dated 24. 03. 2000, the petitioner is not eligible to get any subsistence allowance. However the issue is no longer res integra. Already a Division Bench of this Court in KUTHIRAICHANDAL PRIMARY CO-OPERATIVE BANK LTD Vs. A. ASOKAN AND ANOTHER, (2009) 1 MLJ 18 has clarified that the G. O. Ms. No. 55 had incorporated the provisions of the Subsistence Allowance Act. Therefore an employee who is covered by a common cadre regulation is entitled to subsistence allowance on the basis of the rates stipulated therein. Subsequently another Division Bench of this Court presided by H. L. Gokhale, C. J. in SPECIAL OFFICER, No. 989, M. Pakkam Primary Agricultural cooperative Bank Vs. M. SRINIVASAN AND OTHERS reported in (2009) 7 MLJ 1025, had referred to the earlier decision and followed the same order. Therefore the eligibility of the petitioner to receive subsistence allowance is guaranteed by virtue of two orders of two Division Benches referred to above.