M. Mahesh Anand v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.3098 of 2016 and W.M.P.(MD)No.7743 of 2016 M.Mahesh Anand ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam High Road, Chennai.

2.The Joint Commissioner / Executive Officer, Arulmighu Dhandayuthapani Thirukoil, Palani, Dindigul District.

3.The Deputy Commissioner, Arulmighu Dandayuthapani Thirukoil, Palani, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to pay 100% subsistence allowance till the revocation of suspension order to the petitioner.

For Petitioner : Mr.M.Divakaran For R1 : Mr.V.R.Shanmuganathan Special Government Pleader For R2 and R3 :Mr.K.Govindarajan ***

ORDER

Seeking for a direction to the respondents to pay 100% subsistence allowance to the petitioner till the revocation of suspension order, the present writ petition has been filed. 2.Heard the learned Counsel appearing on both sides and perused the materials available on record.

3.According to the petitioner, he is working as a Driver in the respondent. Though he was suspended from service on 14.08.2013 on certain false allegations levelled against him, the petitioner is paid only 50% subsistence allowance and he has not been reinstated https://hcservices.ecourts.gov.in/hcservices/

into service. Hence, claiming 100% subsistence allowance, the petitioner made a representation to the respondents. However, the representation of the petitioner, has not seen any light so far. Hence, the present writ petition.

4.The learned Special Government Pleader, submitted a copy of proceedings of the second respondent, dated 11.08.2017, by which, the suspension of the petitioner has been revoked. The learned Counsel for the petitioner has not refuted the same. 5.In view of the above submission, this Court is of the opinion that nothing survives in adjudication. Hence, recording the same, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The Commissioner, Hindu Religious and Charitable Endowment, Nungambakkam High Road, Chennai.

2.The Joint Commissioner / Executive Officer, Arulmighu Dhandayuthapani Thirukoil, Palani, Dindigul District.

3.The Deputy Commissioner, Arulmighu Dandayuthapani Thirukoil, Palani, Dindigul District.

+1 CC to M/s.N.VALLINAYAGAM, Advocate in SR-55632 W.P.(MD)No.3098 of 2016 20.03.2019 cmr PK/12.04.2019 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/