Madras High CourtWP/19375/2021disposed of

Arulmurugan v. The Registrar

2021-09-21Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P. NO.19375 OF 2021 AND W.M.P.NO.20668 OF 2021 (THROUGH VIDEO CONFERENCING) Mr.Arulmurugan ... Petitioner vs The Registrar, Annamalai University, Annamalai Nagar, Chidambaram, Cuddalore District, Tamilnadu. .. Respondent Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus to pay subsistence allowance to the petitioner during the period his suspension pending enquiry and pay its arrears within a stipulated time.

For Petitioner : Mr.P.R.Thiruneelakandan For Respondent : Mr.V.R.Kamalanathan

O R D E R

This writ petition has filed by the petitioner to issue a writ of Mandamus to pay subsistence allowance to the petitioner during the period his suspension pending enquiry and pay its arrears within a stipulated time.

2. The learned counsel for the respondent submits that the counter is ready and will be filed in the course of week. However, it is noticed that the relief sought for only to direct the respondent to pay subsistence allowance to the petitioner. The petitioner was suspended on 2.7.2021. It is noticed that after the petitioner was placed under suspension, the disciplinary proceedings has also commenced and enquiry officer has been appointed after the writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/

3. Considering the nature of limited prayer sought for by the petitioner in this writ petition, without expressing any opinion on the merits of the case and charges levelled against the petitioner in the disciplinary proceedings, this Court directs the respondent to pay the arrears of subsistence allowance, within a period of 30 days from the date of receipt of a copy of this order. The petitioner is otherwise eligible as *per the relevant rules applicable to the respondent. The respondent is *shall not proceed with the disciplinary proceeding including the enquiry proceeding for the present till the arrears of the subsistence allowance payable to the petitioner.

4. This writ petition is disposed with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) (28.09.2021) *Corrected as per order of this Court dated 29.10.2021 in WP.No.19375/2021 Sd/- Assistant Registrar(CS VII) (02.12.2021) //True Copy// Sub Assistant Registrar kkd To:

1. The Registrar, To be substituted to Annamalai University, Order already despatched Annamalai Nagar, Chidambaram, on 29.09.2021 Cuddalore District, Tamilnadu.

+1cc to Mr.V.R.Kamalanathan , Advocate, *S.R.No.56549 W.P. No.19375 of 2021 and W.M.P.No.20668 of 2021 GMR(CO) PM/28/09/2021 PM/03/12/2021 https://hcservices.ecourts.gov.in/hcservices/