Selvakumar.M v. The Chairman And Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Selvakumar ... Petitioner Vs
1. The Chairman and Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.
2. The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.
3. The Regional Manager, Tamil Nadu Civil Supplies Corporation, 9-F, St. Thomas Road, Maharaja Nagar, Tirunelveli.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to pay subsistence allowance for the extended tenure of petitioner's service from 01.10.2023 by considering petitioners representation, dated 01.02.2024. 1/5
For Petitioner : Mr. T.Lenin Kumar For Respondents : Mr.G.Mohan Kumar Standing Counsel
ORDER
The present writ petition has been filed for the issue of a writ of mandamus to direct the respondents to pay the subsistence allowance for the extended tenure of petitioner's service from 01.10.2023 by considering petitioners representation, dated 01.02.2024. 2.Heard, the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents. Perused the materials on record.
3.The petitioner was inducted as Trainee Bill Clerk in the respondent Corporation in the year 1986. After various promotional avenues, the petitioner was promoted as Telephone Operator in the year 2008 and his post was regularised in the year 2010. Thereafter, he was promoted as Assistant and Supervisor. His date of superannuation was on 31.03.2023. In the meanwhile, on 23.03.2023, at the verge of his retirement, the second 2/5
respondent has suspended the petitioner from service and the same is extended from 01.04.2023 to 30.09.2023. Though the petitioner was paid with subsistence allowance only for the period of six months ie., 01.04.2023 to 30.09.2023, thereafter, he was neither paid with the subsistence allowance nor the disciplinary proceedings has been concluded. Hence, this writ petition came to be filed.
4.In view of the limited scope of the relief sought for by the petitioner, without going into the merits of the case, this Court hereby direct the respondents to forthwith pay the subsistence allowance to the petitioner from 01.10.2023 5.With the above direction, this writ petition stands allowed. There shall be no order as to costs.
20.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Note: Issue order copy on 21.03.2024 PNM 3/5
To
1. The Chairman and Managing Director, Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.
2. The General Manager (Administration), Tamil Nadu Civil Supplies Corporation, No.12, Thambusamy Road, Kilpauk, Chennai-10.
3. The Regional Manager, Tamil Nadu Civil Supplies Corporation, 9-F, St. Thomas Road, Maharaja Nagar, Tirunelveli.
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L.VICTORIA GOWRI, J.
PNM ORDER IN 20.03.2024 5/5