Parthasarathy. P v. The Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.10.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR P.Parthasarathy ... Petitioner Vs.

The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to grant subsistence allowance to the petitioner from the date 29.11.2019 and consider the petitioner's representation, dated 15.09.2023. For Petitioner : Mr.G.Kannan For Respondent : Mr.T.Cibi Chakraborthy 1/4

ORDER

The present writ petition has been filed by a suspended Watchman in the respondent University seeking payment of subsistence allowance from 29.11.2019.

2. An FIR was registered as against the petitioner for job racketing and he was arrested on 22.11.2019. The petitioner was placed under suspension by the respondent University on 29.11.2019. The petitioner has sent a representation on 15.09.2023 seeking payment of subsistence allowance from the date of his suspension.

3. The learned Counsel appearing for the respondent University submits that as per the fundamental rules applicable to the respondent University, the employee has to submit two certificates relating to the fact that he is not employed elswhere and he is the resident of the headquarters. If these two certificates are furnished by the employee, they will consider the payment of subsistence allowance in accordance with the rules. 2/4

4. In view of the above said facts, the respondent University is directed to pay the subsistence allowance as per the applicable rules to the writ petitioner on his submission of the above said documents, within a period of four (4) weeks from the date of furnishing of the documents by the writ petitioner.

5. This writ petition stands allowed to the extent as stated above. There shall be no order as to costs.

11.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes BTR To The Registrar, Madurai Kamaraj University, Palkalai Nagar, Madurai-625 021.

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R.VIJAYAKUMAR, J.

BTR 11.10.2023 4/4