M.Sudha v. State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2023

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR M.Sudha ... Petitioner Vs

1. State of Tamil Nadu Rep. By, The Secretary to Government, Education Department, Fort St. George, Chennai- 600 009.

2. The District Collector, Namakkal District, Namakkal.

3. The Block Development Officer, Puduchatram, Namakkal District.

4. The State Rep. By, The Inspector of Police, District Crime Branch, Karur, Karur District.

... Respondents PRAYER :-Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, directing the Respondents No.1 to 3 to disburse the entire subsistence allowance from 1/5

the date of the Petitioner's suspension and service benefits to the Petitioner, on the basis of the Petitioner's representation, dated 23.08.2023 within time frame stipulated by this Court. For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

The present writ petition has been filed by the Deputy Block Development Officer (Panchayats) seeking a mandamus for payment of subsistence allowance.

2.Perusal of the typed set of papers indicates that the writ petitioner was suspended on 25.06.2023, pursuant to her involvement in Cr.No.14 of 2021, on the file of D.C.B. Police Station, Karur. As per the suspension order, the petitioner is eligible to receive the subsistence allowance as per Fundamental Rule 53(1).

3.The learned counsel for the petitioner brings to the notice of this Court that the subsistence allowance was not paid and the petitioner has sent a representation on 23.08.2023 seeking disbursal of 2/5

the subsistence allowance. Yet, there is no response from the respondents.

4.Considering the above said facts, the second respondent herein is directed to consider the said representation and pass orders and disburse the subsistence allowance to the writ petitioner as per Fundamental Rules, within a period of four weeks from the date of receipt of copy of this order.

5.With the above direction, this writ petition stands disposed of. No costs.

11.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PNM 3/5

To

1. The Secretary to Government, Education Department, Fort St. George, Chennai- 600 009.

2. The District Collector, Namakkal District, Namakkal.

3. The Block Development Officer, Puduchatram, Namakkal District.

4. The Inspector of Police, District Crime Branch, Karur, Karur District.

4/5

R.VIJAYAKUMAR , J.

PNM

ORDER

IN Date : 11.12.2023 5/5