R.Binduja v. The Assistant Director ( Incharge)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR R.Binduja ... Petitioner Vs.

1.The Assistant Director (incharge) Office of the Assistant Director, Government Examinations, Tiruvallur 602 001.

2.Chief Educational Officer, Office of the Chief Educational Officer, Tiruvallur 602 001.

3.The Headmistress, Government Higher Secondary School, Vengal, Tiruvallur District 601 103.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay subsistence allowance from 20.03.2023 onwards and continue to pay subsistence allowance every month in terms of Rule 53 (1) of the Fundamental Rules, pay the unpaid salary for the month of November 2022 and pay the salary for the period from 14.02.2023 to 21.03.2023 by considering the representation of the petitioner dated 01.04.2023 in accordance with law and on its merits and pass orders in accordance with law within the time frame stipulated by this Court.

For Petitioner : Mr.Balan Haridas For R1 to R3 : Mr.M.Alagu Goutham Government Advocate

O R D E R

This writ petition has been filed for issuance of a writ of mandamus directing the respondents to pay subsistence allowance from 20.03.2023 onwards and continue to pay subsistence allowance every month in terms of Rule 53 (1) of the Fundamental Rules, pay the unpaid salary for the month of November 2022 and pay the salary for the period from 14.02.2023 to 21.03.2023 by considering the representation of the petitioner dated 01.04.2023 in accordance with law and on its merits and pass orders in accordance with law within the time frame stipulated by this Court.

2.It is the case of the petitioner that she was placed under suspension on 20.03.2023, however, subsistence allowance has not been paid to her and the salary for the month of November, 2022 and salary for the period from 14.02.2023 to 21.03.2023 has also not been paid to her. Therefore, the petitioner submitted representations on 01.04.2023 and

15.06.2023 in this regard. Aggrieved by the inaction on the part of the respondents, the present writ petition has been filed. 3.Considering the facts of the case, this Court directs the respondents to consider the representations of the petitioner dated 01.04.2023 and 15.06.2023 and pass orders for payment of Subsistence Allowance as per the Rules, within a period of two weeks from the date of receipt of a copy of this order.

4.With the above direction, this writ petition is disposed of. No costs.

18.07.2023 mkn Internet : Yes Index : Yes / No

N. SATHISH KUMAR, J.

mkn To 1.The Assistant Director (incharge) Office of the Assistant Director, Government Examinations, Tiruvallur 602 001.

2.The Chief Educational Officer, Office of the Chief Educational Officer, Tiruvallur 602 001.

3.The Headmistress, Government Higher Secondary School, Vengal, Tiruvallur District 601 103.

18.07.2023