Madras High CourtWP(MD)/14096/2015disposed of

R.Vanaraja, S/O.V.Rajendran v. The District Revenue Officer

2015-08-07Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2015 C O R A M THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14096 of 2015 R.Vanaraja .. Petitioner Vs.

District Revenue Officer, Dindigul District, Dindigul.

..Respondents Prayer :

Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus to direct the respondent i.e., the District Revenue Officer, Dindigul District, Dindigul to consider the petitioner's representation dated 25.11.2014 regarding enhancement of the petitioner's subsistence allowance in the light of the specific provisions contained under First Proviso to Rule 53(1)(a) of the Fundamental Rules within a specified time frame that may be fixed by this Hon'ble High Court.

For Petitioner : Mr.S.Visvalingam For Respondent : Mr. J.Gunaseelan- Muthiah G.A., *****

O R D E R

The petitioner/R.Vanaraja has filed the present Writ Petition seeking issuance of a Writ of Mandamus directing the respondent, the District Revenue Officer, Dindigul District, Dindigul to consider his representation dated 25.11.2014, wherein he has made a request for enhancement of his subsistence allowance in the light of the specific provisions contained under First Proviso to Rule 53(1)(a) of the Fundamental Rules within a specified time limit.

2. Mr.J.Gunaseelanmuthiah, learned Government Advocate takes notice for the respondent.

3. By consent, the Writ Petition is taken up for final disposal at the admissions stage itself.

4. The petitioner was serving as Revenue Inspector in Dindigul South and he was placed under suspension on 17.12.2013. Subsequently, charge sheet has also been filed on completion of investigation, before the Special Court for Trial of Cases under Prevention of Corruption Act, Madurai and the case has been transferred to the Chief Judicial Magistrate, Dindigul.

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5. In the above said scenario, the grievance of the petitioner is that he is getting 50% of the salary as subsistence allowance and in view of the completion of two years of his suspension, he is entitled to get the subsistence allowance more than about 50% of the salary in the light of the specific provisions contained under First Proviso to Rule 53(1)(a) of the Fundamental Rules. To that extent, he made a representation to the respondent on 25.11.2014.

6. The learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of, by the respondent, on merits and in accordance with law within the time stipulated by this Court.

7. The learned Government Advocate appearing for the respondent would submit that the representation of the petitioner will be considered in accordance with law.

8. Considering the limited scope of the prayer, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondent is hereby directed to consider the representation of the petitioner, dated 25.11.2014, and pass appropriate orders on the same, on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

9. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To District Revenue Officer,Dindigul District,Dindigul. 1CC to Mr.S.Visvalingam, Advocate, SR.No.44720 1CC to The Special Government Pleader, SR.No.45274 W.P.(MD)No.14096 of 2015 07.08.2015 2P/4C AM/NGM.SS/SAR-II/31.08.2015.

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