N. Tensingh Baliah v. The Joint Director Of Collegiate Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.24878 of 2024 N.Tensingh Baliah, (Under Suspension) Assistant Professor (Botany) Ayya Nadar Janaki Ammal College, Sivakasi, Virudhunagar District.
... Petitioner Vs.
1. The Joint Director of Collegiate Education, Madurai Region, Madurai District.
2. The Secretary, Ayya Nadar Janaki Ammal College, Sivakasi, Virudhunagar District.
3. The Principal, Ayya Nadar Janaki Ammal College, Sivakasi, Virudhunagar District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the petitioner's representation dated 13.09.2024 to pay half salary for the period 01.06.2022 to 31.07.2022 and full salary from 15.02.2024 onwards pending approval on the proposal of dismissal of 1/5
petitioner from service pending on the file of the first respondent within the period that may be stipulated by this Court.
For Petitioner : Mr.A.Nawazkhan for M/s.Ajmal Associates For Respondents : Mr.S.Shaji Bino Special Government Pleader
O R D E R
The present Writ Petition has been filed by an Assistant Professor working in the third respondent College, seeking a Mandamus to disburse the subsistence allowance, pending approval of his dismissal order.
2. The petitioner was placed under suspension on 02.12.2021 and the Management dismissed him from service on 15.02.2024. The dismissal order has been placed before the authorities for their approval and the same is yet to be approved.
3. In the mean time, the petitioner seeks a direction as against the College Management for disbursement of the subsistence allowance from the date of suspension, till the order is approved by the authorities concerned. 2/5
4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.
5. In view of the above said facts, the respondents 2 and 3 are directed to disburse the eligible subsistence allowance from the date of suspension till the date of order passed by the first respondent herein for approving or disapproving the dismissal of the writ petitioner. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
21.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5
To
1. The Joint Director of Collegiate Education, Madurai Region, Madurai District.
2. The Secretary, Ayya Nadar Janaki Ammal College, Sivakasi, Virudhunagar District.
3. The Principal, Ayya Nadar Janaki Ammal College, Sivakasi, Virudhunagar District.
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R.VIJAYAKUMAR,J.
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