Madras High Court
A.Saleem vs The Government Of Tamil Nadu on 17 October, 2024
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.29964 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.29964 of 2024
A.Saleem ... Petitioner
Vs.
1.The Government of Tamil Nadu,
represented by its
Secretary to Government,
Municipal Administration and Water
Supply Department,
Secretariat, Chennai - 600 009.
2.The Director of Municipal Administration,
No.75, Santhome High Road,
MRC Nagar, Raja Annamalaipuram,
Chennai - 600 028.
3.The Commissioner,
Mayiladuthurai Municipality,
Mayiladuthurai - 609 001. ... Respondents
Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of a Writ of Mandamus directing the second respondent
to sanction and disburse the subsistence allowance from 01.06.2024
under Rule 53(1)(a) of the Tamil Nadu Fundamental Rules, 1922 and
also to sanction and settle the personal savings of General Provident Fund
(Final Payment), Special Provident Fund and Encashment of Earned
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Writ Petition No.29964 of 2024
Leave/Private Affairs with interest in the light of the orders already
passed by the Hon'ble Supreme Court in the case of S.K.Dua v. State of
Haryana [(2008) 3 SCC 44] within a reasonable period as may be fixed
by this Court.
For Petitioner : Mr.T.Ranganathan
For Respondents : Dr.T.Seenivasan,
Special Government Pleader
*****
ORDER
This writ petition has been filed seeking issuance of a writ of
mandamus directing the second respondent to sanction and disburse the
personal savings of the petitioner under General Provident Fund, Special
Provident Fund, Encashment of earned and unearned leave on private
affairs and also to disburse the subsistence allowance to the petitioner
from 01.06.2024.
2. Heard Mr.T.Ranganathan, learned counsel for petitioner and
Dr.T.Seenivasan, learned Special Government Pleader appearing for
respondents.
3. The case of the petitioner is that he was working as an
Electrical Superintendent Grade-I in the third respondent Municipality.
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Writ Petition No.29964 of 2024
The petitioner was about to attain the age of superannuation on
31.05.2024. However, the second respondent passed an order placing the
petitioner under suspension on 30.05.2024 and the petitioner was not
allowed to retire from service.
4. The further case of the petitioner is that the second
respondent has already issued a charge memo on 04.03.2024 for the
alleged misconduct committed by the petitioner relating to Thanjavur
Municipality during the year 2011-12.
5. The grievance of the petitioner is that the petitioner has not
been sanctioned subsistence allowance even though he was placed under
suspension on 30.05.2024. That apart, the petitioner has not been
disbursed with the General Provident Fund, Special Provident Fund etc.
The representations made by the petitioner in this regard to the
respondents also did not evoke any response. It is under these
circumstances, the present writ petition has been filed before this Court.
6. In the considered view of this Court, irrespective of the final
result of the disciplinary proceedings that have been initiated against the
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Writ Petition No.29964 of 2024
petitioner, the petitioner has a right to receive the amount towards
General Provident Fund, Special Provident Fund, Encashment of
earned/unearned leave etc. The law on this issue is now too well-settled
and useful reference can be made to the judgment of the Division Bench
of this Court in The Secretary to Government, Revenue Department,
Secretariat & Others Versus K. Palaniyandi [(2019) 5 CTC 19]. That
apart, the petitioner has not been allowed to retire from service and he has
been placed under suspension pending the disciplinary proceedings. In
view of the same, the petitioner is entitled to receive the subsistence
allowance through out.
7. In the light of the above discussion, there shall be a direction
to the second respondent to sanction the subsistence allowance to the
petitioner from 01.06.2024 and pay the arrears of subsistence allowance
within a period of four (4) weeks from the date of receipt of a copy of this
order. The second respondent shall also continue to pay the subsistence
allowance to the petitioner every month till the completion of the
disciplinary proceedings. That apart, the amounts that are payable to the
petitioner towards General Provident Fund, Special Provident Fund and
encashment of earned leave on private affairs shall also be paid to the
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Writ Petition No.29964 of 2024
petitioner within a period of eight (8) weeks from the date of receipt of a
copy of this order.
8. The petitioner is directed to make a fresh representation to
the second respondent along with a copy of this order.
This writ petition is disposed of with the above direction. No
costs.
17.10.2024
Neutral Citation: Yes/No
Index: yes/no
Speaking Order/Non-Speaking Order
gm
To
1.The Secretary to Government,
Municipal Administration and Water
Supply Department,
Secretariat, Chennai - 600 009.
2.The Director of Municipal Administration,
No.75, Santhome High Road,
MRC Nagar, Raja Annamalaipuram,
Chennai - 600 028.
3.The Commissioner,
Mayiladuthurai Municipality,
Mayiladuthurai - 609 001.
https://www.mhc.tn.gov.in/judis
Writ Petition No.29964 of 2024
N.ANAND VENKATESH, J
gm
Writ Petition No.29964 of 2024
17.10.2024
https://www.mhc.tn.gov.in/judis
