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Madras High CourtWP/4444/2023disposed of

T.Sankar v. The District Collector

2023-02-21Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2023

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH and W.M.P.No.4468 of 2023 T.Sankar ... Petitioner Vs.

1.The District Collector, Chengalpattu District, Chengalpattu.

2.The District Revenue Officer, Chengalpattu District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the order passed by the 2nd respondent in Rc. A2 /4082 /2022 dated 16.12.2022 and to quash the same and consequently direct the 2nd respondent to reinstate him in service by treating the period of suspension as being in service and to pay the petitioner with wages, attendant benefits and continuity of service.

For Petitioner : Mr.P. Chinnadurai For Respondents : Mr.D. Ravichander, Special Government Pleader 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The order of suspension dated 16.12.2022, is put under challenge in the present Writ Petition. Pending the Writ Petition, the respondents have revoked the order of suspension through their proceedings in Na.Ka.No.4082-2022-A2, dated 13.02.2023. As such, the prayer sought for in the present Writ Petition has become infructuous.

3. At this juncture, the learned counsel for the petitioner submitted that during the period of suspension, the petitioner was not paid with subsistence allowance.

4. It is needless to point out that when a Government employee is placed suspension, he will be entitled for the payment of subsistence allowance.

5. In this background, the petitioner is granted liberty to make a 2/4

representation to the respondents, seeking for the subsistence allowance for the suspension period and the respondents shall consider the representation atleast within a period of one (1) week from the date of representation and disburse the subsistence allowance, if not already paid.

6. Accordingly, the Writ Petition stands disposed of. No costs. Connected miscellaneous petition is closed.

21.02.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni To 1.The District Collector, Chengalpattu District, Chengalpattu.

2.The District Revenue Officer, Chengalpattu District.

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M.S.RAMESH,J.

Sni 21.02.2023 4/4