G.Asaithambi v. The Additional Chief Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.05.2018 C O R A M THE HONOURABLE Mr.JUSTICE C.V.KARTHIKEYAN WP.No.12584 of 2018 G.Asaithambi
...Petitioner
Vs.
1.The Additional Chief Secretary to Government, Transport Department, Fort St.George, Chennai - 600 009.
2.The Managing Director, Tamilnadu State Transport Corporation(Salem)Ltd 12, Ramakrishna Road, Salem - 7.
... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents to provide employment to the Petitioner as served in the position earlier to the suspension or to direct the Respondents to provide the subsistence allowance at the rate prescribed under the provisions of the Payment of Subsistence Allowances Act, and consequentially direct the Respondents
to pay the arrears of subsistence allowances for the period from suspension till this date.
For Petitioner : Mr.P.Paramasivadoss For Respondents : Mr.D.Raja, AGP
O R D E R
Though the writ petitioner sought the relief of direction to provide employment to him as he was serving prior to suspension or to provide Subsistence Allowance under the provisions of the Payment of Subsistence Allowances Act. The relief with respect to provisions of employment cannot be taken up at this stage. However, the petitioner, who is suspended, has a right to take advantage of the provisions of the payment of Subsistences Allowances Act. Accordingly, a direction is issued to the respondents to pay subsistence allowance to the petitioner. The petitioner's other relief is negatived for the present and if necessary, he can seek such relief at appropriate time.
2. With the above observation, the writ petition stands disposed of. No Costs.
16.05.2018
Index : Yes / No Speaking / Non-speaking sk/kak To 1.The Additional Chief Secretary to Government, Transport Department, Fort St.George, Chennai - 600 009.
2.The Managing Director, Tamilnadu State Transport Corporation(Salem)Ltd 12, Ramakrishna Road, Salem - 7.
C.V.KARTHIKEYAN.,J sk/kak WP.No.12584 of 2018
Dated : 16.05.2018