The Secretary vs N.Tensingh Balaiah
2025 Latest Caselaw 6333 Mad

Madras High Court

The Secretary vs N.Tensingh Balaiah on 23 April, 2025

Author: S.Srimathy

Bench: J.Nisha Banu, S.Srimathy

                                                                                       W.A.(MD)No.654 of 2025


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 23.04.2025

                                                           CORAM:

                                  THE HONOURABLE MRS.JUSTICE J.NISHA BANU
                                                              AND
                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                             W.A.(MD)No.654 of 2025
                                                       &
                                            C.M.P.(MD)No.4659 of 2025

                1.The Secretary,
                  Ayya Nadar Janaki Ammal College,
                  Sivakasi, Virudhunagar District.

                2.The Principal,
                  Ayya Nadar Janaki Ammal College,
                  Sivakasi, Virudhunagar District.                                     ... Appellants

                                                               -Vs-

                1.N.Tensingh Balaiah

                2.The Joint Director of Collegiate Education,
                  Madurai Region, Madurai District.                                    ... Respondents

                PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to
                set aside the order dated 21.10.2024 made in W.P.(MD)No.24878 of 2024 on the
                file of this Court.
                                      For Appellants          : Mr.M.Senthilkumar



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                                                                                              W.A.(MD)No.654 of 2025


                                           For R1                    : Mr.H.Mohamed Imran,
                                                                      for M/s.Ajmal Associates
                                           For R2                    : Mr.J.Ashok,
                                                                      Additional Government Pleader
                                                              JUDGMENT

[Judgment of the Court was delivered by S.SRIMATHY, J.]

This Writ Appeal is directed against the order dated 21.10.2024 made in

W.P.(MD)No.24878 of 2024.

2.The writ petitioner has filed the said Writ Petition, seeking for a

direction to the respondents 2 and 3 / appellants herein to consider his

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 the writ petitioner from service pending on the file of the

1st respondent / 2nd respondent herein.

3.The learned Single Judge, after considering the rival claim, disposed

of the said Writ Petition, directing the appellant College to disburse the eligible

subsistence allowance from the date of suspension till the date of order passed by

the 1st respondent / 2nd respondent herein for approving or disapproving the

dismissal of the writ petitioner.

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4.It is to be noted that there is no dispute between the parties that the

subsistence allowance was paid to the writ petitioner from the date of suspension

ie., 02.12.2021 to the date of dismissal ie., 14.12.2024. Even though as per the

resolution, the writ petitioner was dismissed on 15.02.2024, the 2nd respondent has

granted approval on 07.10.2024, but the effect was given from 15.02.2024. Under

these circumstances, the contention of the appellant College is that they are not

liable to pay any subsistence allowance and the writ petitioner is not entitled for

the same. Further, it was placed before this Court that the dismissal order was

challenged before this Court in W.P.(MD)No.31181 of 2024 and the same is

pending. In such view of the matter, this Court is of the considered opinion that

this issue is also to be raised in that pending Writ Petition. Therefore, the parties

are directed to raise this issue in the said pending Writ Petition.

5.With the above direction, this Writ Appeal is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                     [J.N.B., J.] & [S.S.Y., J.]
                                                                                23.04.2025
                NCC           : Yes / No
                Index         : Yes / No
                Yuva






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                To

The Joint Director of Collegiate Education, Madurai Region, Madurai District.

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J.NISHA BANU, J.

AND S.SRIMATHY, J.

Yuva

23.04.2025

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