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Madras High CourtWP(MD)/14760/2015dismissed

I. Paulraj v. The Chief Security

2016-04-06Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2016 CORAM :

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Writ Petition (MD) No.14760 of 2015 I.Paulraj ... Petitioner Vs.

1.The Chief Security Commissioner, Railway Protection Force, Southern Railway, Chennai 600 003.

2.The Divisional Security Commissioner, Railway Protection Force, Trichy.

3.The Divisional Security Commissioner, Railway Protection Force, Madurai.

4.The Assistant Security Commissioner & Disciplinary Authority, Railway Protection Force, Trichy.

5.Inspector of Protection Force, Railway Protection Force, Cash Guard/Train Escort/Trichy, Trichy.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd Respondent herein to pay the petitioner herein immediately the subsistence allowances for 7 months of suspension period according to Railway Protection Rules 1987 and Railway Servants(Discipline and Appeal)Rules 1968.

For Petitioner : Mr.Y.Krishnan For Respondents : Mr.A.Uthaman

ORDER

The petitioner was suspended by his employer who is the Railway Protection Force on 16.08.2014. Subsequently, the order of suspension seems to have been revoked on 09.07.2015 and he was also transferred from Trichy to Chennai.

2.Now the prayer in the writ petition is for a direction to the second respondent to pay him subsistence allowance for seven months of suspension period as per the Railway Protection Rules, 1987 and Railway Servants (Discipline and Appeal) Rules, 1968. https://hcservices.ecourts.gov.in/hcservices/ 3.The second respondent has filed counter affidavit. In paragraph 21 of the counter, the details of payment regarding

subsistence allowance during the suspension period are given which reads follows:- "21.With regard to averments set out in para 21 of the affidavit, I state that, as the petitioner was paid subsistence allowance as Rs.16,855/-, (August & September 2014 vide cheque No.123816 dated 04.12.2014), Rs.31253/- (Oct & Dec-2014 vide Cheque No.124130, dated 30.01.2015), Rs.5030/- (January 2015 Vide Cheque No.124351, dated 17.03.2015), Rs.7895/- (Feb 2015 vide cheque No.124351, dated 17.03.2015) March, April & May 2015 not attended and subsistence allowance not claimed, Rs.5318/- (June & July 2015 vide cheque No.125789, dated 20.08.2015).The petitioner was paid subsistence allowance based on his daily attendance and non employment certificate required as per extant orders.

The statement of the petitioner that he was not paid subsistence allowance for 7 months is totally false as per the letters enclosed (Exbt No.3)".

4.Considering the limited prayer made in the writ petition and the reply given in the counter affidavit, subsistence allowance has already been paid for the seven months, nothing survives in the writ petition. If any dispute with regard to the amount mentioned in paragraph 21 of the counter affidavit, it is always open to the petitioner to make a claim before the concerned authority. 5.The writ petition is dismissed accordingly. No costs. Sd/ Assistant Registrar /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The Chief Security Commissioner, Railway Protection Force,Southern Railway,Chennai 600 003. 2.The Divisional Security Commissioner, Railway Protection Force, Trichy.

3.The Divisional Security Commissioner, Railway Protection Force,Madurai.

4.The Assistant Security Commissioner & Disciplinary Authority, Railway Protection Force,Trichy. 5.Inspector of Protection Force, Railway Protection Force, Cash Guard/Train Escort/Trichy,Trichy.

+1cc to M/S.X.Krishnan, Advocate in SR.No. 19527 +1cc to M/S.A.Uthaman, Advocate in SR.No.20046 Writ Petition (MD) No.14760 of 2015 06.04.2016 sms PA/JGB-DP/29.04.2016/2P/8C https://hcservices.ecourts.gov.in/hcservices/