Madras High Court
The Inspector Of Panchayats - Cum vs S.Gunasekaran ... 1St on 3 September, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
W.A.(MD)No.2543 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.09.2025
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE C.KUMARAPPAN
W.A.(MD)No.2543 of 2025
and
C.M.P(MD)No.14526 of 2025
1.The Inspector of Panchayats - cum -
The District Collector,
Theni District.
2.The Block Development Officer,
Block Development Office,
Andipatti. ... Appellants/Respondents 1 & 2
Vs.
1.S.Gunasekaran ... 1st Respondent/Writ Petitioner
2.The President,
Rengasamuthiram Village Panchayat,
Andipatti Taluk,
Theni District. ... 2nd Respondent/3rd Respondent
PRAYER:- Writ Appeal filed under Clause XV of Letters Patent, to set
aside the order made in W.P.(MD)No.21917 of 2024 dated 21.10.2024 on
the file of this Court and allow the Writ Appeal.
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W.A.(MD)No.2543 of 2025
For Appellants : Mr.D.Sadiq Raja
For R – 1 : Mr.S.Louis
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
The present Writ Appeal has been filed by the State,
challenging an order passed in W.P(MD)No.21917 of 2024 dated
21.10.2024.
2.The Writ Petition had been filed by R1, challenging an order
dated 05.07.2022 and seeking a consequential direction to the appellants
to provide subsistence allowance or reinstate him in service with all
consequential benefits.
3.R1 is a Panchayat Secretary and had made a claim for
subsistence allowance consequent to his suspension on 21.09.2011 and
termination thereafter on 11.04.2012. The order of termination was
challenged in WP(MD)No.3377 of 2016, which had been allowed on
26.09.2019, granting liberty to the authorities to initiate action afresh.
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4.The writ Court noted that though the order of termination had
already been set aside, the order of suspension had not been revoked by
the authorities and R1 has been kept under suspension even as on the
date of the impugned order ie., 21.10.2024. On a request for payment of
subsistence allowance, the order impugned in the Writ Petition dated
05.07.2022 had been passed adverse to R1.
5.The writ Court noted that as on the date of suspension ie.,
21.09.2011, the Tamil Nadu Village Panchayat Secretaries (Conditions
and Service) Rules, 2013, which came into force on 09.07.2013,
provided for the payment of subsistence allowance under Rule 17(4).
Hence, the writ Court has accepted the plea of R1 for payment of
subsistence allowance from 09.07.2013 onwards.
6.Having noted the contents of Rule 17(4), which provides for
payment of subsistence allowance of 50% of the last pay and allowances
drawn during the period of suspension, the Writ Petition was allowed.
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7.Before us, Mr.D.Sadiq Raja, learned Additional Government
Pleader appearing for the appellants, was not in a position to point out
any legal infirmity in the impugned order of the writ Court. It is, thus, an
admitted position that the entitlement of R1 stands crystallized under the
2013 Rules.
8.In light of the same, we confirm the order of the writ Court
dated 21.10.2024 and grant the appellants six (6) weeks from the date of
receipt of a copy of this order to make the payment.
9.Accordingly, this Writ Appeal is dismissed. A token cost of
Rs.1,000/- (Rupees One Thousand Only) is imposed payable to R1 by A2
along with the subsistence allowance, within the stipulated time frame.
Consequently, connected Miscellaneous Petition is closed.
[A.S.M.J.,] & [C.K.J.,]
03.09.2025
NCC :Yes/No
Index :Yes/No
Internet :Yes
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To
1.The Inspector of Panchayats - cum -
The District Collector,
Theni District.
2.The Block Development Officer,
Block Development Office,
Andipatti.
3.The President,
Rengasamuthiram Village Panchayat,
Andipatti Taluk,
Theni District.
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DR.ANITA SUMANTH, J.
AND
C.KUMARAPPAN, J.
ps
03.09.2025
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