Madras High CourtWP/26283/2017disposed of

V.Thillai Natarajan v. The District Collector

2017-10-09Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2017

CORAM

THE HON'BLE MR.JUSTICE T.RAJA W.P. No.26283 of 2017 V.Thillai Natarajan Petitioner Vs.

The District Collector, Thiruvarur District Thiruvarur Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondent to grant subsistence allowance to the petitioner from the date of suspension till date, draw and disburse the same within a reasonable time.

For Petitioner :

Mr. M.Muthappan For Respondents :

Mr. V.Jayaprakash Narayanan Spl. Government Pleader

O R D E R

This writ petition is preferred seeking a Writ of Mandamus by directing the respondent to grant subsistence allowance to the petitioner from the date of suspension till date, draw and disburse the same within a reasonable time.

2. The case of the petitioner is that the petitioner, who entered Government Service as Junior Assistant on 28.04.1980 in Tanjavur district was given promotion as Extension Officer in the year 2005 and again, within a period of four years, i.e, in the year 2009, he was promoted as Deputy Development Officer. Once again, within a period of two years, he was further promoted as Block Development Officer in Thiruvarur District on 08.08.2011. However, he was placed under suspension on 24.06.2016 by the proceedings issued by the District Collector, Thiruvarur on 24.06.2016. A representation was given by the petitioner on 15.03.2017 seeking payment of subsistence allowance during the period of suspension. Since there was no response, the petitioner has renewed his request on 27.03.2017, 03.07.2017, 10.08.2017 and again on 21.08.2017, till date, the https://hcservices.ecourts.gov.in/hcservices/

respondent has not come forward to consider the same. Hence this Writ Petition.

3. From the above facts, it is clear that the petitioner is entitled for subsistence allowance during suspension period. It is not known as to why the respondent has failed to take any action, therefore, this Court directs the respondent, namely, District Collector, Thiruvarur to consider the representations of the petitioner and pass appropriate orders within a period of ten days from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssd To The District Collector, Thiruvarur District Thiruvarur +1 cc to M/s.M.Muthappan Advocate sr 72491 +1 cc to Government Pleader sr 73386 W.P. No.26283 of 2017 rk(co) aa31/10/2017 https://hcservices.ecourts.gov.in/hcservices/