Dr.Ramalakshmi, v. The Addl.Chief Secretary/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD).No.11107 and 11108 of 2018 Dr.Ramalakshmi ... Petitioner Vs.

1.The Additional Chief Secretary/ Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai 600 106.

2.The District Siddha Medical Officer, Tirunelveli District @ Tenkasi 627 811, Tirunelveli District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings of the 1st respondent dated 01.09.2017 in Na.Ka.No.574/Ne2/1/12 and the consequential communication of the 2nd respondent dated 19.01.2018 in Na.Ka.No.

868/Ne /2017 and quash the same and issue a consequential direction to the respondents to pay subsistence allowance to the petitioner @ 75% by enhancing it from 50% with effect from August 2012 along with arrears. For Petitioner : Mr.N.Dilip Kumar For Respondents : Mrs.K.Christy Theboral Additional Government Pleader

O R D E R

This writ petition has been filed challenging the impugned proceedings of the 1st respondent dated 01.09.2017 and the consequential communication of the 2nd respondent dated 19.01.2018 and to quash the same and consequently direct the respondents to pay subsistence allowance to the petitioner @ 75% by enhancing it from 50% with effect from August 2012 along with arrears.

2. The learned counsel appearing for the petitioner would submit that the petitioner was working as an Assistant Medical Officer (Siddha) and now she was suspended from service, based on the criminal case registered against her. She has made a representation to the respondents for

enhancement of subsistence allowance from 50% to 75%. However, the same was rejected. Challenging the same, the present writ petition has been filed.

3. The learned Additional Government Pleader appearing for the respondents would submit that the criminal case registered against the petitioner ended in conviction and thereafter she was removed from service. Hence, no further order is necessary in this writ petition.

4. In view of the above, this Writ Petition is dismissed. However, liberty is granted to the petitioner to work out the remedy in the manner known to law. No costs. Consequently, the connected Miscellaneous Petitions are closed.

15.02.2023 NCC: Yes/No Index : Yes / No Speaking Order : Yes / No akv

To 1.The Additional Chief Secretary/ Commissioner of Indian Medicine and Homeopathy, Arumbakkam, Chennai 600 106.

2.The District Siddha Medical Officer, Tirunelveli District @ Tenkasi 627 811, Tirunelveli District.

M.DHANDAPANI,J.

akv 15.02.2023