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Madras High CourtWP/3307/2024disposed of

M.Narayanan v. The General Manager

2024-02-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Narayanan

...Petitioner

-VsThe General Manager, State Express Transport Corporation (SETC) Depot, Pallavan Road, Chennai-600 002.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondent to provide the subsistence allowance to the petitioner for the period of suspension as per the order in Kuripanai No.212100/DL5/SETC/2023 dated 26.07.2023 by considering the petitioner's representation dated 05.10.2023. For petitioner : Mr.N.Stalin For respondent : Mr.L.S.M.Hasan Fizal Standing Counsel 1/4

ORDER

This writ petition has been filed for direction directing the respondent to pay the subsistence allowance to the petitioner for his suspension period.

2. The petitioner is working as Driver under the respondent. While he was in service, he was suspended from service by proceedings dated 26.07.2023. Thereafter, the petitioner submitted representation to revoke his order of suspension. The same was considered and he was reinstated into service on 09.12.2023. However, he was not paid any subsistence allowance for the suspension period.

3. On perusal of the order of suspension revealed that the petitioner will be paid subsistence allowance as per standing order 17 4(b). However, the petitioner was not paid any subsistence allowance. 2/4

4. Therefore, the respondent is directed to consider the request made by the petitioner seeking for the subsistence allowance for the period of suspension i.e., from 26.07.2023 to 08.12.2023 and pass orders on merits in accordance with law within a period of six weeks from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No costs.

14.02.2024 Index : Yes/No Internet: Yes/No gvn 3/4

G.K.ILANTHIRAIYAN,J.

gvn To The General Manager, State Express Transport Corporation (SETC) Depot, Pallavan Road, Chennai-600 002.

14.02.2024 4/4