Madras High CourtWP/23759/2023disposed of

Dr.P.M.Anbarasan, D.Sc., v. The Registrar

2023-08-11Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.23759 of 2023 Dr.P.M.Anbarasan ..... Petitioner -VersusThe Syndicate of Periyar University, Rep. by The Registrar/Ex Officio Secretary to Syndicate, Periyar University, Periyar Palkalai Nagar, Salem 636 011.

..... Respondent Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 19.10.2020 insofar as calculating the period of suspension from 09.03.2018 to 26.05.2020 as on duty and release the pay and allowances. For Petitioner : Ms.J.Prithivi

ORDER

This writ petition has been filed seeking a writ in the nature of mandamus directing respondent to consider the representation of the petitioner dated 19.10.2020 seeking to consider the period of suspension from 09.03.2018 to 26.05.2020 as on duty and release the pay and allowances.

2. Heard the learned counsel for the petitioner.

3. Since the order that is going to be passed in the writ petition will no way cause any prejudice to the other party, this court considers that no notice is necessary to the other side.

4. The petitioner was placed under suspension for the period from 09.03.2018 to 26.05.2020. The disciplinary proceedings initiated against him culminated into an order of punishment of stoppage of increment for three years with cumulative effect. The grievance of the petitioner is that his representations seeking to treat the period of suspension from 09.03.2018 to 26.05.2020 as duty period in the light of the recommendation made by the syndicate has not yet been considered though more than 2 years and 9 months have elapsed.

5. Considering the limited nature of the relief sought for in the writ petition, this court, without going into the merits of the matter, directs the

respondent to consider the representation of the petitioner dated 19.10.2020 requesting to treat his suspension period as duty period on merits and in accordance with law taking into account the recommendation of the syndicate, if any, within a period of two months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Registrar/Ex Officio Secretary to Syndicate, Periyar University, Periyar Palkalai Nagar, Salem 636 011.

N.SATHISH KUMAR.J., kmk