Madras High CourtWP/25127/2024disposed of

N.Nataraj v. The Executive Officer

2024-09-02Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Nataraj S/o.Nallathambi ... Petitioner Vs.

The Executive Officer, Suleeswaranpatti Town Panchayat, Coimbatore District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to consider and dispose of the petitioner's representation dated 14.03.2024 to disburse 75% of the petitioner's salary as on 02.03.2024. For Petitioner : Mr.B.M.Subash For Respondent : Mr.Vadivelu Deenadayalan, Additional Government Pleader ***** 1/4

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondent to consider the petitioner's representation dated 14.03.2024 wherein the petitioner is seeking for 75% of his salary as subsistence allowance.

2. Heard Mr.B.M.Subash, learned counsel for petitioner and Mr.Vadivelu Deenadayalan, learned Additional Government Pleader appearing for respondent.

3. The petitioner was working as Meter Reader in the respondent Panchayat. A First Information Report came to be registered by the Directorate of Vigilance and Anti Corruption in Crime No.6 of 2023. The petitioner was arrayed as an accused. He was arrested and remanded to judicial custody on 31.08.2023.

4. The petitioner was issued with a suspension order dated 02.09.2023 under Rule 17(2)(e) of Tamil Nadu Civil Services (Discipline and Appeal) Rules effective from 31.08.2023. The petitioner was later enlarged on bail.

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5. The grievance of the petitioner is that his representation for revoking the suspension was rejected by the respondent through proceedings dated 05.01.2024. Therefore, the petitioner is seeking for payment of 75% of the salary as subsistence allowance. The representation made by the petitioner in this regard did not evoke any response. Hence, the present writ petition has been filed before this Court.

6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondent to deal with the representation made by the petitioner dated 14.03.2024 on its own merits and in accordance with law and pass orders within a period of four (4) weeks from the date of receipt of a copy of this order and convey the same to the petitioner. This writ petition is disposed of with the above direction. No costs.

02.09.2024 Index: yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To The Executive Officer, Suleeswaranpatti Town Panchayat, Coimbatore District.

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