P.Kalyanakumar v. The Senior Regional Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2015

CORAM

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN W.P.Nos.13872, 13874 and 13875 of 2015 And M.P.Nos.1, 1 and 1 of 2015 W.P.No.13872 of 2015:

P.Kalyanakumar ... Petitioner Vs.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the Subsistence Allowance to the petitioner and to dispose the appeal dated 20.04.2015 filed by the petitioner at earliest. W.P.No.13874 of 2015:

B.Saravanan ... Petitioner Vs.

Salem Region, No.56, Brindhavan Road, Fairlands, Salem - 16.

TANCOF Complex, No.52, Anna Salai, Thiruvannamalai.

... Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to dispose the appeal dated 26.03.2015 filed by the petitioner at earliest. W.P.No.13875 of 2015:

A.Arumugam ... Petitioner Vs.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay the Subsistence Allowance to the petitioner and to dispose the appeal dated 20.04.2015 filed by the petitioner at earliest. For Petitioners : Mr.K.Sasindran For Respondents : Mr.S.Muthuraj C O M M O N O R D E R Heard both sides. The prayer in the writ petitions lie in a narrow compass. By consent the writ petitions are taken up for final disposal.

2.Admittedly, the petitioners were dismissed from service by the orders dated 06.04.2015, 13.03.2015 and 06.04.2015 respectively, based on enquiry. According to the petitioners, they have filed appeals dated 20.04.2015, 26.03.2015 and 20.04.2015 respectively. It is the further case of the petitioners that before passing the order of dismissal, they were placed under suspension but no subsistence allowance was paid. Now the limited prayer is that the appeals could be disposed of within a time frame and also to give a direction to pay the subsistence allowance, if not paid.

3.In view of the limited prayer made in the writ petitions, these writ petitions are disposed of by directing the first respondent to dispose of the appeals dated 20.04.2015, 26.03.2015 and

20.04.2015 respectively within a period of eight weeks from the date of receipt of a copy of this order. The respondents are directed to pay the subsistence allowance for the period of suspension till the petitioners were dismissed from service, if the subsistence allowance was not paid, within a period of four weeks from the date of receipt of a copy of this order.

4.These writ petitions are disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 3.The Senior Regional Manager Salem Region, No.56, Brindhavan Road, Fairlands, Salem - 16.

4.The District Manager, TANCOF Complex, No.52, Anna Salai, Thiruvannamalai.

+3 cc's to Mr.K.Sasindran, Advocate,SR.26088, 26087 & 26086 +1 cc to Mr.S.Muthuraj, Advocate,SR.25688.

tej(co) krd 9/6 W.P.Nos.13872, 13874 and 13875 of 2015 And M.P.Nos.1, 1 and