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Madras High CourtWP/10769/2024disposed of

Dr.Arul Lawrence A.S v. The State Of Tamil Nadu

2024-04-18Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.11863 of 2024 Dr.Arul Lawrence A.S.

..

Petitioner Vs.

1.The State of Tamil Nadu Rep.by its Principal Secretary Department of Higher Education Fort St.George, Chennai - 600 009.

2.The Tamil Nadu Open University Rep.by its Registrar No.577, Anna Salai Saidapet, Chennai - 600 015.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 2nd respondent Tamil Nadu Open University to disburse the (revocation) subsistence allowance to the petitioner with effect from 01.04.2023 till the culmination of the disciplinary proceedings or the revocation of the order of suspension in

terms of the norms in vogue by considering his representations dated 24.05.2023 01.06.2023 and 13.02.2024.

For the Petitioner : Ms.H.Mary Sowmi Rexi For the Respondents : Mr.R.Kumaravel, AGP for R1 Mr.P.Sanjay Gandhi Standing Counsel for R2

ORDER

The prayer in the Writ Petition is to direct the 2nd respondent - University to pay the subsistence allowance to the petitioner with effect from 01.04.2023, till the completion of the disciplinary proceedings.

2. Though the matter came up for admission, this Court requested Mr.Sanjay Gandhi, learned Standing Counsel, to take notice on behalf of the 2nd respondent - the University.

3. It can be seen from the records that the petitioner is in suspension. So long as the petitioner is in suspension, he is entitled for subsistence

allowance as may be prescribed under the Rules.

4. The learned Standing Counsel appearing for the 2nd respondent submits that the petitioner has received the subsistence allowance for the first six months.

5. Be that as it may, in respect of the period to which the petitioner is not paid, the respondents are liable to calculate and pay the same as per the Rules. Further, the respondents are liable to continue to pay the subsistence allowance till the culmination of the disciplinary proceedings.

6. Therefore, the Writ Petition is disposed of with the following directions:- (i) The 2nd respondent is directed to calculate, sanction and pay the subsistence allowance to the petitioner and pay all the arrears within a period of 12 weeks from the date of receipt of a copy of the order. (ii) The 2nd respondent shall also continue to pay the subsistence

allowance, so long as the petitioner remains under suspension. (iii) No costs. Consequently connected miscellaneous petition is closed.

18.04.2024 Index : Yes : No Speaking order : Yes Jer To 1.The Principal Secretary State of Tamil Nadu Department of Higher Education Fort St.George, Chennai - 600 009.

2.The Registrar Tamil Nadu Open University No.577, Anna Salai Saidapet, Chennai - 600 015.

D.BHARATHA CHAKRAVARTHY , J.

Jer 18.04.2024