Madras High Court
A.Muthukumar vs The Director Of School Education on 9 September, 2025
W.P.(MD)Nos.7672 and 16705 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2025
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD)Nos.7672 and 16705 of 2025
and
W.M.P(MD)Nos.5823, 5824, 12667 and 19059 of 2025
W.P(MD)No.7672 of 2025
A.Muthukumar ...Petitioner
Vs
1.The Director of School Education,
DPI Campus,
College Road,
Chennai - 6.
2.The Chief Educational Officer,
Thoothukudi District.
3.The District Educational Officer(Secondary),
VOC School Campus,
Kovilpatti,
Thoothukudi District.
4.Nadar Higher Secondary School,
Represented by its Secretary,
Pandavarmangalam, Kovilpatti,
Thoothukudi – 628501.
1/7
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W.P.(MD)Nos.7672 and 16705 of 2025
5.J.Rathna Raja,
The Secretary,
Nadar Higher Secondary School,
Pandavarmangalam, Kovilpatti,
Thoothukudi - 628501. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying this Court to issue a Writ of Certiorari, to call for the
records pertaining to the impugned order in O.Na.3/2025 /Tha.Aa.Pa(Po)
dated 08.03.2025 on the file of the respondent No.4 and quash the same
as illegal.
For Petitioner : Mr.T.Aswin Raja Simman
For R1 to R3 : Mr.N.Satheesh Kumar
Additional Government Pleader
For R4 & R5 : Mr.C.Mayilvahana Rajendran
W.P(MD)No.16705 of 2025
A.Muthukumar ...Petitioner
Vs
1.The Director of School Education,
DPI Campus,
College Road,
Chennai - 6.
2.The Chief Educational Officer,
Thoothukudi District.
3.The District Educational Officer(Secondary),
VOC School Campus,
2/7
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W.P.(MD)Nos.7672 and 16705 of 2025
Kovilpatti,
Thoothukudi District.
4.Nadar Higher Secondary School,
Represented by its Secretary,
Pandavarmangalam, Kovilpatti,
Thoothukudi – 628501.
5.J.Rathna Raja,
The Secretary,
Nadar Higher Secondary School,
Pandavarmangalam, Kovilpatti,
Thoothukudi - 628501. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of
India praying this Court to issue a Writ of Certiorari, to call for the
records pertaining to the impugned order in O.Na.3/2025 /Tha.Aa.Pa(Po)
dated 08.03.2025 on the file of the respondent No.4 and quash the same
as illegal.
For Petitioner : Mr.T.Aswin Raja Simman
For R1 to R3 : Mr.N.Satheesh Kumar
Additional Government Pleader
For R4 & R5 : Mr.C.Mayilvahana Rajendran
COMMON ORDER
These writ petitions have been filed challenging the respective
impugned orders passed by the fourth respondent.
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W.P.(MD)Nos.7672 and 16705 of 2025
2. The learned counsel for the petitioner submits that the petitioner
was placed under suspension as early as on 08.03.2025 and till date, he
had not paid any subsistence allowance. In the interregnum, a charge
memo has also been issued. He further relies on the judgment of the
Division Bench of this Court, wherein, the Division Bench of this Court
had categorically held that without payment of subsistence allowance,
any disciplinary proceedings initiated against the employee is also bad in
law.
3. The learned counsel for the fourth and fifth respondent school
submits that the Government had not released the subsistence allowance
for the first six months. However, despite a proposal being sent to the
Government, the Government is yet to decide the same.
4. It is noted that the order of suspension was issued as early as on
08.03.2025 and that the period of six months also ended on 07.09.2025.
5. As the period of six months has expired by 07.09.2025, the
petitioner is entitled to receive subsistence allowance from the fourth
respondent till the disciplinary proceedings are disposed of.
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W.P.(MD)Nos.7672 and 16705 of 2025
6. The learned counsel for the respondents undertakes to complete
the disciplinary proceedings within a period of four weeks from the date
of receipt of a copy of this order.
7. Recording the said statement, the following orders are passed:
(a) The third respondent is directed to disburse the subsistence
allowance to the petitioner on the proposal sent by the fourth respondent
within a period of four weeks from the date of receipt of a copy of this
order.
(b) The disciplinary proceedings initiated against the petitioner,
which are the subject matter of challenge in W.P(MD)No.16705 of 2025
shall be concluded on or before 15.10.2025 and the petitioner shall co-
operate with the enquiry.
(c) If the enquiry officer comes to a conclusion that the
delinquency against the petitioner stands proved, the fourth respondent
shall issue a show cause notice on or before 31.10.2025 for which the
petitioner shall submit his explanation on or before 17.11.2025 and the
fourth respondent shall pass final orders on or before 08.11.2025 after
affording an opportunity of hearing to the petitioner,.
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W.P.(MD)Nos.7672 and 16705 of 2025
(d) It is made clear that the petitioner shall be entitled to receive
subsistence allowance till the disposal of the disciplinary proceeding by
the fourth respondent.
8. The writ petitions stand disposed of. No costs. Consequently,
the connected miscellaneous petitions are closed.
09.09.2025
NCC:yes/no
Index:yes/no
Internet:yes/no
Sn
To:
1.The Director of School Education,
DPI Campus,
College Road,
Chennai - 6.
2.The Chief Educational Officer,
Thoothukudi District.
3.The District Educational Officer(Secondary),
VOC School Campus,
Kovilpatti,
Thoothukudi District.
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W.P.(MD)Nos.7672 and 16705 of 2025
K.KUMARESH BABU, J.
Sn
W.P.(MD)Nos.7672 and 16705 of 2025
09.09.2025
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