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Madras High CourtWP(MD)/13164/2016disposed of

A.Rajanayagam v. The Joint Director,

2017-02-07Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.13164 of 2016 A.Rajanayagam ... Petitioner -vsThe Joint Director, (Vocational Education), School Education Department, College Road, Chennai-6.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to pay the arrears of enhanced subsistence allowance to the petitioner for the period from 13.08.2013 to 01.09.2014 based on his representation dated 01.04.2014 and reminders on 01.08.2014 and 23.05.2016 in view of Rule 53(1) (a) of Tamil Nadu Fundamental Rules.

For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.K.P.Krishna Doss Govt. Advocate

O R D E R

This petition has been filed, seeking to direct the respondent to pay the arrears of enhanced subsistence allowance to the petitioner for the period from 13.08.2013 to 01.09.2014 based on his representation dated 01.04.2014 and reminders on 01.08.2014 and 23.05.2016 in view of Rule 53(1) (a) of Tamil Nadu Fundamental Rules.

2. The case of the petitioner is that he joined as Part Time Vocational Instructor on 08.08.1979 and absorbed as Vocational Teacher on 01.04.1990; that he was suspended from service from 08.02.2013 to 26.08.2014 on account of his absence from duty for 21 days and the same was revoked on 26.08.2014; that during suspension period, he was paid 50% of his pay as subsistence allowance and he is entitled to the enhanced allowance from 13.08.2013 to 01.09.2014; that the representations (the last one of which was dated 23.05.2016) submitted by the petitioner were https://hcservices.ecourts.gov.in/hcservices/

not acted upon by the respondent and hence, the petitioner is before this Court, seeking for the above relief.

3. Learned Government Advocate appearing for the respondent would submit that the respondent is prepared to consider the representation of the petitioner and to pass suitable orders on the same.

4. In view of the limited scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the respondent to consider the representation dated 01.04.2014, submitted by the petitioner (followed by several reminders) and to pass appropriate orders thereon on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order, if there is no legal impediment to do so.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

The Joint Director, (Vocational Education), School Education Department, College Road, Chennai-6.

+1 cc to MR.G.THALAIMUTHURASU, Advocate SR.no.7112 +1 cc to Special Government Pleader SR.No.6909 W.P.(MD) No.13164 of 2016 1/2 07.02.2017 SMA/RSK/02.03.2017:2P/4C https://hcservices.ecourts.gov.in/hcservices/