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Madras High CourtWP(MD)/23454/2024closed

G.Meenakshi Natha Pillai v. South Zone Cultural Centre, Thanjavur

2026-02-13Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.23454 of 2024 and WMP(MD)Nos.19856 of 2024 and 25332 of 2026 G.Meenakshi Natha Pillai ... Petitioner Vs 1.South Zone Cultural Centre, Thanjavur, Rep by its Director, Medical College Road, Thanjavur - 613 004.

2.Raghunathan.R (Retd), Enquiry Office of SZCC, No.55-257/1, North Kadavarayar Street, Kallar Pasupathikoil, Thanjavur - 614 206.

3.M.Mariappan, Presenting Officer, South Zone Cultural Centre, Thanjavur - 613 004.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, for issuance of writ of certiorarified mandamus calling for the records relating to the order F.No.SZCC/I/16/48/2023-2024/Admn.Estt, dated 28.02.2024 passed by the 1st respondent and quash the same and 1/6

consequently direct the 1st respondent to increase the subsistence allowance to the petitioner with effect from 08.02.2024, at 50% of the subsistence allowance admitted during the first three months ie., from 06.11.2023 to 07.02.2024 and disburse the arrears of increased subsistence within the time limit to be fixed by this court. For Petitioner : Mr.A.Thirumoorthy For Respondent : Mr.V.Malaiyendiran R1 and R3 For Respondent : No representation No.2

ORDER

The petitioner, who was working as a Junior Programme Co-Ordinator was placed under suspension on 08.11.2023. The petitioner was provided with 50% of subsistence allowance for a period of three months. Thereafter the subsistence allowance has been reduced from 50% to 25% from 08.02.2024 till October 2024. Aggrieved over that the petitioner has approached this court and this court while entertaining the writ petition on 01.10.2024 has granted an order of interim stay. Pursuant to the interim stay, he was paid with 50% subsistence allowance. Now the respondents have filed a petition to vacate the order of interim stay.

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2.The learned counsel for the respondents by referring to FR 53(1)(ii)(a) submits that during the suspension period, the permissible subsistence allowance for the first three months is 50%. If the authority concerned is of the opinion that the period of suspension has been prolonged due to the reasons to be recorded in writing, directly attributable to the government servant, the subsistence allowance may be reduced to 50% of the eligible subsistence allowance. The respondents holding that this petitioner is not co-operating for the disciplinary proceedings have passed an order reducing the subsistence allowance from 08.02.2024 to 29.09.2024.

3.The learned counsel for the petitioner submits that there is no fault on the petitioner and he was not provided with the documents he sought for and therefore, he filed a writ petition before this court in WP(MD)No.20283 of 2024 seeking a writ of mandamus directing the respondents to provide the documents sought by him and this court by order dated 30.08.2024 directed the respondents to permit him to inspect the documents at the time of enquiry and he shall also be provided with 3/6

one week time to frame his defence. Therefore, according to the learned counsel, there is no delay on the part of the petitioner in conducting the disciplinary proceedings. However, the respondents by the impugned order have reduced the eligible subsistence allowance. 4.This court has considered the rival submissions made. 5.The impugned order does not refer as to how the disciplinary proceedings is getting delayed. Whereas this petitioner has approached this court by way of a writ petition in the year 2024 that he has not been provided with certain documents during the enquiry and this court has entertained the writ petition by granting an order in favour of the petitioner to frame defence after perusing the documents he sought for. Therefore, this court sets aside the impugned order with a direction to the respondents to pay the subsistence allowance for the period from 08.02.2024 till October 2024 @ 50%.

6.It is Now reported that after conclusion of the disciplinary proceedings, the petitioner has been imposed with a punishment. 4/6

Therefore, this writ petition is closed with the above direction. No costs. Consequently connected miscellaneous petitions are closed. 13.02.2026 Index : Yes / No DSK To 1.South Zone Cultural Centre, Thanjavur, Rep by its Director, Medical College Road, Thanjavur - 613 004.

2.Raghunathan.R (Retd), Enquiry Office of SZCC, No.55-257/1, North Kadavarayar Street, Kallar Pasupathikoil, Thanjavur - 614 206.

3.M.Mariappan, Presenting Officer, South Zone Cultural Centre, Thanjavur - 613 004.

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B.PUGALENDHI.J., DSK 13.02.2026 6/6