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Madras High CourtWP/11085/2022disposed of

Shanmugam v. The District Collector

2024-01-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.No.10676 of 2022 Shanmugam

...Petitioner

-Vs1.The District Collector, Office of the Collector, Dharmapuri - 636 705.

2.The Personal Assistant (Panchayat Development), Collectorate Office, Dharmapuri - 636 705.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records in proceedings Na.Ka.No.3139/2021/K3 dated 09.03.2021 and consequential proceedings in Na.Ka.No.3139/2021/K3 dated 27.07.2021 on the file of the 2nd respondent and quash the same as illegal, incompetent without jurisdiction and further direct the respondents to pass appropriate orders for reinstatement of the petitioner in the post of welfare officer in Palacode Panchayat Union, Dharmapuri.

For Petitioner : M/s.V.Srimathi For Respondents : Dr.T.Seenivasan Special Government Pleader

ORDER

This Writ Petition has been filed challenging the order of suspension dated 09.03.2021.

2. Heard the learned counsel on either side and perused the materials available on record.

3. Pending this writ petition, the petitioner was reinstated into service on 12.08.2022. However, he was not paid any subsistence allowance during the period of his suspension. By an order dated 27.07.2021, the respondents categorically stated that as per the Fundamental Rule 56(1)(a), the petitioner is entitled for subsistence allowance from 06.02.2021.

4. Considering the above, the respondents are directed to settle the subsistence allowance of the petitioner during his suspension period, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous petition is closed. There shall be no order as to costs 05.01.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To 1.The District Collector, Office of the Collector, Dharmapuri - 636 705.

2.The Personal Assistant (Panchayat Development), Collectorate Office, Dharmapuri - 636 705.

and W.M.P.No.10676 of 2022 05.01.2024