A.Veeramani, v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24/10/2019 C O R A M The Honourable Mr.Justice SUBRAMONIUM PRASAD Writ Petition No.5959 of 2013 V. Veeramani ...
Petitioner Vs
1. The State of Tamil Nadu rep. By its Secretary to Government Fort St. George Chennai 600 009.
2. The Engineer-in-Chief (Buildings) & Chief Engineer (General) Chepauk Chennai 600 005.
3. The Executive Engineer/P.W.D Buildings Construction Division Town Hall Coimbatore 641 001.
4. The Executive Engineer, P.W.D Project Planning & Designs Division District Treasury Building Sampath Nagar Erode 638 011.
5. The Executive Engineer, PWD Thamizhaga Arasu Buildings Research Station Division Taramani Chennai 600 113.
...
Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of certiorarified mandamus, to call for the records in Letter No.12026/B2/2011-1, dated 16/6/2011 on the file of the first respondent and quash the same as illegal and direct the respondents to refix the subsistence allowance to the petitioner as per VI Pay Commission.
For petitioner ...
Mr.R.Sankarasubbu For respondents ...
Ms.K.Bhuvaneswari Additional Government Pleader - - - - - -
O R D E R
Instant writ petition is for a writ of certiorarified mandamus to quash the order, dated 16/6/2011 in letter No.12026/B2/2011-1 and refix the subsistence allowance of the petitioner in the light of VI Pay Commission.
2. Petitioner while working as Assistant Executive Engineer, Public Works Department was placed under suspension, on 4/6/2005. Apart from departmental proceedings, he is also facing a criminal case, in Crime No.426 of 2005, on the file of the Inspector of Police, Ukkadam Police Station, under Sections 120 (b), 419, 420, 465, 467, 471 and 472 of the Indian Penal Code. Petitioner was given subsistence allowance, at the rate of 50% of his salary. Sixth Pay Commission was introduced on 1/1/2006. Under the Sixth Pay Commission, subsistence allowance was increased to 75%. But the same was rejected to the petitioner, by the impugned order, which is under challenge in the instant writ petition.
3. Joint Secretary to Government, Public Works Department, Secretariat, Chennai, has filed counter affidavit. In the counter affidavit, respondents have stated that subsistence allowance has been increased to 75%, in G.O.RT.19 Public Works Department (E2), dated 8/1/2007.
4. In view of the above, prayer sought for in the writ petition has been granted and hence nothing survives in this writ petition. Accordingly, writ petition is dismissed as infructuous. No costs.
Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mvs.
To
1. The Secretary to Government State of Tamil Nadu Fort St. George Chennai 600 009.
2. The Engineer-in-Chief (Buildings) & Chief Engineer (General) Chepauk Chennai 600 005.
3. The Executive Engineer/P.W.D Buildings Construction Division Town Hall Coimbatore 641 001.
4. The Executive Engineer, P.W.D Project Planning & Designs Division District Treasury Building Sampath Nagar Erode 638 011.
5. The Executive Engineer, PWD Thamizhaga Arasu Buildings Research Station Division Taramani Chennai 600 113.
+1 cc to Government Pleader Sr.No. 89659 Writ Petition No.5959 of 2013 A.SK(13/12/2019)