Judgment : 1. The petitioner was employed as a Secretary in the second respondent Society. He was placed under suspension by the second respondent, by an order dated 12.08.2010 for a period of three months, pending disciplinary action. It is stated that on the very same issue, a criminal case is pending and we are not concerned with the same. Though the suspension order dated 12.08.2010 states that the petitioner was placed under suspension for a period of three months, it was subsequently extended and he was ultimately dismissed from service by an order dated 13.08.2012 after holding departmental enquiry. It is also stated that the petitioner has filed a revision petition under Section 153 of the Tamil Nadu Co-operative Societies Act, 1983, before the first respondent against the order of dismissal. We are not concerned with the said revision. 2. The petitioner has filed this writ petition seeking 100% subsistence allowance from the date of suspension till he was dismissed from service. 3. With the consent of both parties, the writ petition is taken up for final disposal. The learned Special Government Pleader has made submissions based on instructions. 4. The learned counsel for the petitioner has submitted that the petitioner has made claim based on the by-laws of the society and the claim is not based on the Tamil Nadu Payment of Subsistence Allowance Act. According to him, he is entitled to 100% salary from the date of suspension as per the by-laws of the Society. 5. On the other hand, the learned Special Government Pleader has submitted that the petitioner is entitled to subsistence allowance @ 50% of pay until his dismissal, as per the by-laws of the Society. 6. In view of such a position taken by the parties, I passed the following order on 14.07.2014: “Learned counsel for the respondent Co-operative Society has submitted that the subsistence allowance was paid to the petitioner as per the by-laws of the Society. At this juncture, learned counsel for the petitioner has submitted that if the subsistence allowance are paid in terms of the by-laws, he will not have any quarrel over the same. Hence, he sought a copy of the by-laws, since only 50% of wages was paid for the entire period of suspension. Hence, post this matter on 17.07.2014 for production of by-laws of the society.” 7. Today, the by-laws of the Society is produced. Hence, he sought a copy of the by-laws, since only 50% of wages was paid for the entire period of suspension. Hence, post this matter on 17.07.2014 for production of by-laws of the society.” 7. Today, the by-laws of the Society is produced. By-laws 31(ii) is relating to payment of subsistence allowance and the same is extracted hereunder: “31.SUSPENSION (1) An employee of the society may be placed under suspension from service where:- (i) an enquiry into grave charges against him is contemplated or pending or (ii) a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest or in the interest of the society: Provided that an employee who is detained in custody whether on a criminal charge or otherwise for a period longer than forty eight hours shall be deemed to have been suspended under this clause. (2) The authority competent to suspend an employee may grant to the employee suspended, subsistence allowance in accordance with the provisions of the Tamil Nadu Payment of Subsistence Allowance Act 1981. (3) The period of suspension already undergone may also be awarded as a penalty to an employee to the extent considered necessary by the authority imposing the penalty. (4) The employee under suspension shall not be allowed to retire on attaining the age of superannuation. His suspension shall be deemed to have been extended till the disposal of the disciplinary proceedings against him. During the extended period, the service rights accrued to the employee shall freeze on the date of superannuation and the employee shall not be entitled for subsistence allowance.” 8. Therefore, as far as the rate of payment of subsistence allowance is concerned, the by-law has incorporated the provisions of the Tamil Nadu Payment of Subsistence Allowance Act, 1981. Hence, one has to look into the provisions of the Tamil Nadu Payment of Subsistence Allowance Act to decide the rate of subsistence allowance payable to an employee during the period of suspension. 9. Section 3 of the Payment of Subsistence Allowance Act provides the right of subsistence allowance payable to an employee, who is placed under suspension and the same is extracted hereunder: “3. Payment of subsistence allowance. 9. Section 3 of the Payment of Subsistence Allowance Act provides the right of subsistence allowance payable to an employee, who is placed under suspension and the same is extracted hereunder: “3. Payment of subsistence allowance. - (1) An employee who is placed under suspension shall, during the period of each suspension, be entitled to receive payment from the employer as subsistence allowance, an amount equal to fifty percentum of the wages which the employee was drawing immediately before suspension, for the first ninety days reckoned from the date of such suspension: Provided that where the period of suspension exceeds ninety days, but does not exceed one-hundred and eighty days, the employee shall be entitled to receive, after the said period of ninety days, a subsistence allowance equal to seventy-five percentum of the wages which the employee was drawing immediately before his suspension: Provided further that where the period of suspension exceeds one hundred and eighty days, the employee shall be entitled to receive wages in full which the employee was drawing immediately before his suspension: Provided also that where the enquiry or criminal proceeding is prolonged beyond the period of ninety days for reasons directly attributable to the employee, the subsistence allowance shall, for the period exceeding ninety days, be reduced to fifty percentum of the wages, which the employee was drawing immediately before his suspension. (2) An employee shall not be entitled to receive any subsistence allowance if he accepts any other 2employment during the period of his suspension in any establishment other than the establishment where he had been working immediately before his suspension. (3) An employee shall not, in any event, be liable to refund or forfeit any part of the subsistence allowance admissible to him under sub-section (1): Provided that where the employee is exonerated of the charge based on which his suspension was ordered, the subsistence allowance paid to him for any period shall be adjusted against the full wages admissible to him for the period of suspension. (4) The subsistence allowance under sub-section (1) shall be paid by the employer to the employee on the date or dates on which the wages due to the employee, but for his suspension, would have become payable. “ 10. (4) The subsistence allowance under sub-section (1) shall be paid by the employer to the employee on the date or dates on which the wages due to the employee, but for his suspension, would have become payable. “ 10. As per Section 3 of the Payment of Subsistence Allowance Act, the employee, who is placed under suspension, is entitled to 50% of salary for the first 90 days. Therefore, the petitioner cannot claim 100% of pay from the date of suspension itself. However, from 90 days to 180 days, that is, for the period of suspension during (from fourth month/from 91st day) 3 months to 6 months, the employee is entitled to 75% of wages as subsistence allowance. If the suspension exceeds beyond 180 days, he is entitled to full wages. 11. It is admitted that the petitioner was paid 50% of wages during the entire period of suspension until he is dismissed from service by order dated 13.08.2012. Hence, as per the bylaws, read with the Tamil Nadu Payment of Subsistence Allowance Act, he is entitled to the balance amount of subsistence allowance by paying further 25% of wages i.e. 75% for 90 days (the period from 91st day) to 180 days of the period of suspension and thereafter, 50% (i.e. 100%) (from 181st day) till the date of dismissal. 12. The learned Special Government Pleader has made a feable attempt to sustain the stand taken by the Society by submitting that the petitioner is entitled to only 50% of subsistence allowance, on the ground that the criminal proceeding is delayed due to the attitude of the petitioner. 13. However, the said submission has no substance since the petitioner is not placed under suspension due to the pendency of the criminal proceedings. On the other hand, he was placed under suspension pending departmental enquiry and he was also dismissed, based on the same. It is not the case of the Department that the departmental enquiry was delayed beyond 180 days due to the petitioner. Only in such an event, the subsistence allowance could be reduced to 50%. Since no such argument is advanced, I am of the view that the petitioner is entitled to full wages after 180 days. In fact, it is not a long period. He was placed under suspension on 12.08.2010 and dismissed from service on 13.08.2012. The petitioner is also paid subsistence allowance @ 50%. Since no such argument is advanced, I am of the view that the petitioner is entitled to full wages after 180 days. In fact, it is not a long period. He was placed under suspension on 12.08.2010 and dismissed from service on 13.08.2012. The petitioner is also paid subsistence allowance @ 50%. In the normal course since 50% subsistence allowance was paid, I could have directed the petitioner to avail the remedy under Section 153 of the Act before the first respondent, if he is not covered by the provisions of the Tamil Nadu Payment of Subsistence Allowance Act, being the Secretary of the Society. In this case, I am not inclined to drive him before the Revisional Authority under Section 153 of the Act for the balance of subsistence allowance, particularly taking into account the peculiar facts and circumstances of the case, namely, (i) he was dismissed from service and therefore, the suspension period is a short period; (ii) the writ petition is pending for the past two years; and (iii) the Society also agreed to pay subsistence allowance as per the by-laws as extracted in para 6 of this order. 14. At this juncture, the learned Special Government Pleader has submitted that the petitioner shall give a non-employment certificate for the period of suspension until he was dismissed, for payment of the balance subsistence allowance. In my view, the Society cannot insist such a certificate since the Society already paid subsistence allowance at the lesser rate on the ground that he was not in employment during the suspension period. Further, it is relevant to note that neither the by-laws of the Society nor the Tamil Nadu Payment of Subsistence Allowance Act stipulates a condition that a suspended employee shall produce a non-employment certificate. It is not the case of the respondent Society that the petitioner is employed and that therefore, he is not entitled to subsistence allowance. The certificate cannot be insisted like a ritual without there being any statutory backing. 15. In the result, the writ petition is disposed of directing the second respondent society to pay the balance subsistence allowance to the petitioner, within a period of four weeks from the date of receipt of a copy of this order, in terms of the aforesaid findings / directions in the order. No costs. Consequently, connected miscellaneous petition is closed.