R.Srinivasan v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-12-2025
CORAM
THE HONOURABLE MR JUSTICE M.DHANDAPANI and WMP NO. 51052 OF 2025 R.Srinivasan Executive Engineer (under Suspension), Thanjavur City Municipal Corporation Thanjavur Petitioner(s) Vs
1. The Principal Secretary To Government Municipal Administration And Water Supply Department, Secretariat, Chennai-600 009 2.The Director Of Municipal Administration No.75 Santhome High Road, MRC Nagar Raja Annamalaipuram, Chennai-600 028 3.The Commissioner Thanjavur City Municipal Corporation, Thanjavur-613 001 4.The Secretary To Government Human Resources Management Department, Secretariat, Chennai-600 009 Respondent(s) PRAYER ; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner finally dated 3.11.2025 and pass appropriate orders directing the 2nd and 3rd respondents to claim and disburse the subsistence Allowance for the period, i) from May 2022 to April 2023, ii)from May 2023 to August 2024, iii)from February 2025 to October 2025 as under
Rule 53 of the Tamil Nadu Fundamental rules 1922 within a reasonable period. For Petitioner(s):
Mr.T.Ranganathan For Respondent:
Dr.T.Seenivasan, SGP RR1,2 & 4 Mr.P.Srinivas R3
ORDER
This petition has been filed seeking a direction to the 1st respondent to consider the representation of the petitioner finally dated 3.11.2025 and pass appropriate orders directing the 2nd and 3rd respondents to claim and disburse the subsistence Allowance for the period, i) from May 2022 to April 2023, ii)from May 2023 to August 2024, iii)from February 2025 to October 2025 as under Rule 53 of the Tamil Nadu Fundamental rules 1922 within a reasonable period.
2. It is the case of the petitioner that the petitioner was working as Municipal Executive Engineer and attained the age of superannuation on 30.04.2023. However, the first respondent has placed the petitioner under suspension on 06.09.2018 and not allowed him to retire from servive on attaining the age of superannuation and the respondents have not paid the subsistence allowance properly. Therefore, the petitioner has made a representation on 03.11.2025 to pay the retirement benefits to him and the same is not considered. Hence, the present writ petition.
3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider and pass orders on the petitioners representation within the stipulated time as fixed by this Court.
4. The learned Special Government Pleader appearing for the respondent submitted that there are two criminal cases pending against the petitioner.
5. Heard the learned counsel for both side and perused the materials available on record.
6. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this court directs the first respondent to consider and pass orders on the petitioner's representation dated 03.11.2025 and settle the eligible payment of subsistence allowance to the petitioner within a period of four weeks from the date of receipt of a copy of this order.
7. With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 02-12-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes
M.DHANDAPANI J.
rli 1.The Principal Secretary To Government Municipal Administration And Water Supply Department, Secretariat, Chennai-600 009 2.The Director Of Municipal Administration No.75 Santhome High Road, Mrc Nagar Raja Annamalaipuram, Chennai-600 028 3.The Commissioner Thanjavur City Municipal Corporation, Thanjavur-613 001 4.The Secretary To Government Human Resources Management Department, Secretariat, Chennai-600 02.12.2025