A.Arulselvan v. The Chief Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA A.Arulselvan ... Petitioner vs.

1.The Chief Educational Officer, Tenkasi District, Tenkasi.

2.The District Educational Officer, Tenkasi Educational District, Tenkasi.

3.The Correspondent, S.S.V.Higher Secondary School, Mathapattanam, Koviloothu Post, Kadayam Via, Tenkasi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus directing the respondents to sanction and disburse the subsistence allowance to the petitioner in accordance with law by considering the petitioner's representations dated 02.01.2024 and 16.03.2024 within a stipulated period as framed by this Court.

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For Petitioner :

Mr.A.Sankararamasubramanian For Respondents :

Mr.M.Siddharthan, Additional Government Pleader for R1 & R2 Mr.P.Suresh Babu for R3 (through Video Conference, vakalath not filed)

O R D E R

The petitioner herein has been appointed as Tamil Teacher (BT Assistant) in the third respondent School on 01.03.2000. On 27.01.2023, the petitioner was suspended from service due to certain allegations. The petitioner approached this Court by way of filing W.P.(MD)No.9439 of 2023 and the same was allowed on 30.11.2023 and therefore, the petitioner was reinstated in service on 04.01.2024. Once again, on 04.01.2024 itself, the third respondent issued suspension order against the petitioner. On 13.02.2024, the petitioner was issued with Charge Memo. In the meanwhile, on 02.01.2024 itself, the petitioner had sent a representation to the respondents claiming subsistence allowance. Once again, on 16.03.2024, the petitioner had sent a representation to the respondents claiming subsistence allowance. Since the same were not 2/5

considered, the petitioner has filed this writ petition.

2. Mr.P.Suresh babu, learned counsel appearing for the third respondent through video conference submitted that the third respondent has already sent a proposal to the respondents 1 and 2 for grant of subsistence allowance to the petitioner. But, till date, the same has not been considered.

3. In view of the above submission, this writ petition is disposed of with a direction to the respondents 1 and 2 to consider the proposal sent for grant of subsistence allowance to the petitioner on their own merits and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order. No costs.

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To 1.The Chief Educational Officer, Tenkasi District, Tenkasi.

2.The District Educational Officer, Tenkasi Educational District, Tenkasi.

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R.N.MANJULA, J.

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