Nageswari Ramuni v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Nageswari Ramuni ... Petitioner Vs 1.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai.

2.The Vice Chancellor, Madurai Kamaraj University, Madurai.

3.The Principal, Madurai Kamaraj University, Madurai - 625 002.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to disburse subsistence allowance along with arrears to the petitioner from the date of his suspension by considering the petitioner's representation, dated 30.09.2022 within a time frame that may be stipulated by this Court. 1/4

For Petitioner : Mr.R.Pon Karthickeyan For Respondents : Mr.K.Raghadeeshkumar for M/s.Isaac Chambers

ORDER

Heard the learned counsel on either side.

2. The writ petitioner was employed in the respondent University. By order dated 29.06.2021 she was suspended from service on account of her implication and arrest in Crime No.598 of 2021 registered on the file of K.Pudur Police Station, Madurai City. The petitioner has not been granted subsistence allowance. Seeking payment of subsistence allowance along with arrears, the present writ petition has been filed.

3. No exception can be taken to the writ prayer. When an employee is suspended from service, the employer-employee relationship is not snapped. The suspended employee is merely kept away from work. She has to be necessarily paid subsistence allowance as per the prevailing rules and regulations. I therefore direct the respondent to disburse the subsistence allowance payable to the writ petitioner along with arrears within a period of eight weeks from the date of receipt of a copy of this order. So long as the 2/4

suspension continues, the petitioner shall be paid subsistence allowance also. This writ petition is allowed. No costs.

10.11.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai.

2.The Vice Chancellor, Madurai Kamaraj University, Madurai.

3.The Principal, Madurai Kamaraj University, Madurai - 625 002.

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G.R.SWAMINATHAN, J.

mga 10.11.2022 4/4