B.Govindalakshmi v. The Registrar General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.03.2023

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN AND THE HONOURABLE Mr.JUSTICE MOHAMMED SHAFFIQ B.Govindalakshmi .. Petitioner Vs.

1.The Registrar General, High Court, Madras - 600 104.

2.The District Munsif, District Munsif Court, Mannargudi.

3.The Principal District Judge, Thiruvarur.

.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF MANDAMUS directing the third respondent to pay the arrears of subsistence allowances for the period from January 2020. For Petitioner : Ms.S.Sasikala For Respondents : Mr.M.Kempraj 1/5

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] This writ petition has been filed by the petitioner seeking a direction to the third respondent to pay the arrears of subsistence allowance for the period from January 2020.

2.

It is the case of the petitioner that she was appointed as an Office Assistant in the Principal District Court, Thiruvarur on 13.12.2013. While so, she was arrested and detained in the police station for 48 hours on 08.04.2019 based on a false complaint registered as Thiruvarur District Crime Branch Crime No.1 of 2019, in which, she was arrayed as second accused. Pursuant to the same, she was placed under suspension and was subjected to the disciplinary proceedings. According to the petitioner, D.P.Nos.2 of 2019 and 5 of 2020, are pending and hence, she received subsistence allowance from April 2019 to December 2019, but she was not paid any amount thereafter, which cause great hardship and mental agony to the petitioner and his family. Therefore, the petitioner made a representation dated 02.03.2021 to the third respondent requesting to pay the arrears of subsistence allowance for the period from January 2020 and the same is 2/5

pending, without any action. Finding no other option, she has come up with this writ petition.

3.

Heard the learned counsel for the petitioner, who submitted that it would suffice, if the representation dated 02.03.2021 submitted by the petitioner is directed to be considered by the third respondent, within a time frame to be granted by this court.

4.

There is no serious objection on the side of the respondents, for granting such relief to the petitioner.

5.

Considering the limited scope of the prayer made herein, without expressing any opinion on the merits of the case, we direct the third respondent to pass appropriate orders, on the petitioner's representation dated 02.03.2021, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. 3/5

6.

Accordingly, this writ petition stands disposed of. No costs. [R.M.D., J.] [M.S.Q., J.] 31.03.2023 nsd Index : Yes / No Speaking Order / Non-speaking Order Note: Issue order copy next week To 1.The Registrar General, High Court, Madras - 600 104.

2.The District Munsif, District Munsif Court, Mannargudi.

3.The Principal District Judge, Thiruvarur.

4/5

R.MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

nsd 31.03.2023 5/5