Sudharsanam,S/O.Pachaiappan v. The Principal Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.09.2018 Coram The Hon'ble Mr.Justice Satrughana Pujahari Writ Petition No. 25214 of 2018 Sudharsanam
...Petitioner
Vs.
1. The Principal Secretary to Government, Public (N1(II)) Department, Fort St. George, Chennai - 9.
2. The Deputy Secretary, Public Establishment - II Department, Fort St. George, Chennai - 9.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to fix, draw and disburse the subsistence allowance @ 75% p.m. For the period from 01.12.2017 to till date after deducting the subsistence allowance paid @ 50% p.m. from 01.12.2017 to 01.06.2018, based on the representations made by the petitioner dated 23.07.2018 and 04.09.2018 within a reasonable time.
For Petitioner : Mr. K.Venkatramani Senior Counsel for M/s.M.Muthappan For Respondents : Mrs.R.Janaki Additional Government Pleader
ORDER
Heard, Mr. K.Venkatramani, the learned Senior Counsel appearing for the petitioner and Mrs. R.Janaki, Additional Government Pleader who accepts notice on behalf of the respondents. With the consent of the learned counsel on either side, the Writ Petition is taken up for disposal. 2.
The grievance of the petitioner, in this Writ Petition is that, though he is put under suspension, during the period of suspension, he is entitled to 75% of his salary as subsistence https://hcservices.ecourts.gov.in/hcservices/
allowance after six months of his suspension, but the same has not been released to him, inspite of repeated representations made in this regard. The last one of such representation is made on 04.09.2018. Hence, he has filed this Writ Petition seeking a direction to dispose of his representation in this regard, for release of subsistence allowance in the appropriate scale. 3.
After hearing the counsel appearing for the parties and considering the nature of relief sought for by the petitioner, this Court disposes of this Writ Petition at the stage of admission without seeking reply affidavit, with a direction to the respondent concerned to take an informed and considered decision on the representation dated 04.09.2018 in accordance with law, if the same is still pending within a period of four weeks from the date of receipt of copy of this order, if there is no other legal impediment. It is made clear that this Court has expressed no opinion on the merit of such representations of the petitioner in any manner. However, in the circumstances of the case, there shall be no order as to costs.
mrm Sd/- Assistant Registrar(CS-VIII) // True Copy// Sub Assistant Registrar To
1. The Principal Secretary to Government, Public (N1(II)) Department, Fort St. George, Chennai - 9.
2. The Deputy Secretary, Public Establishment - II Department, Fort St. George, Chennai - 9.
+ 1 CC TO MR.M.MUTHAPPAN, ADVOCATE SR 66876 + 1 CC TO THE GOVT. PLEADER, SR 66683 KR/11/10/18 Writ Petition No.25214 of 2018 https://hcservices.ecourts.gov.in/hcservices/