Allowed

Subbian.S v. The District Elementary Education

Madras HC17 Oct 2023WP(MD)/14063/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed by a suspended teacher. The Court ruled that subsistence allowance must be paid till dismissal from service, directing the first respondent to disburse allowances from 30.11.2017 onwards despite the petitioner's prior conviction.

What did the court decide?

Directed the first respondent to disburse subsistence allowance from 30.11.2017 within eight weeks.

Subbian.S Vs The District Elementary Education — Service and Employment | Madras HC (2023)

¶1

W.P.(MD).No.14063 of 2022

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 17.10.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

¶6

W.P.(MD).No.14063 of 2022

S.Subbian

... Petitioner

Vs.

1.The District Elementary Educational Officer, Nagercoil Educational District, Nagercoil, Kanyakumari District.

¶11

2.The Chief Educational Officer, Nagercoil Circle, Nagercoil, Kanyakumari District. ... Respondents

¶12

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to disburse the subsistence allowance to the petitioner from 30.11.2017 till date, as per the provisions contemplated under Rule 53(1) of the Tamil Nadu Government Fundamental Rules.

¶13

For Petitioner : Mr.J.Jeyakumaran

¶14

For Respondents : Mr.N.GA.Natraj Government Advocate

¶15

https://www.mhc.tn.gov.in/judis

¶16

1/4

¶17

W.P.(MD).No.14063 of 2022

¶18

ORDER

¶19

The present writ petition has been filed by a Secondary Grade Teacher seeking a Mandamus for disbursal of the subsistence allowance from 30.11.2017 onwards as per Rule 53(1) of the Tamil Nadu Government Fundamental Rules.

¶20

An FIR was registered as against the writ petitioner and he was suspended on 04.02.2016. Subsistence allowance was paid from the said date onwards. However, the petitioner was convicted by the Criminal Court on 17.04.2018. Based upon the said conviction, the Department had stopped payment of the subsistence allowance. It is settled position of law that till an employee is dismissed from service, he is entitled to payment of subsistence allowance. The petitioner had made several representations to the first respondent herein seeking payment of subsistence allowance.

¶21

Considering the above said facts, the first respondent is directed to disburse the subsistence allowance to the writ petitioner from 30.11.2017

¶22

https://www.mhc.tn.gov.in/judis

¶23

2/4

¶24

W.P.(MD).No.14063 of 2022

¶25

onwards, within a period of eight (8) weeks from the date of receipt of a copy of this order.

¶26

This writ petition stands allowed to the extent as stated above. There shall be no order as to costs.

¶27

17.10.2023

¶28

NCC : Yes / No Index : Yes / No Internet : Yes BTR

¶29

¶30

1.The District Elementary Educational Officer, Nagercoil Educational District, Nagercoil, Kanyakumari District.

¶31

2.The Chief Educational Officer, Nagercoil Circle, Nagercoil, Kanyakumari District.

¶32

https://www.mhc.tn.gov.in/judis

¶33

3/4

¶34

W.P.(MD).No.14063 of 2022

¶35

R.VIJAYAKUMAR, J.

¶36

BTR

¶37

W.P.(MD).No.14063 of 2022

¶38

17.10.2023

¶39

https://www.mhc.tn.gov.in/judis

¶40

4/4

Subbian.S v. The District Elementary Education

Case brief

What is this about?

What did the court decide?

Subbian.S v. The District Elementary Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Raghavan Vs The Director

Ganesan M Vs The Managing Director

Muthuramalingam a Vs The Managing Director

Nagasamy.M.a Vs the Chief Education Officer

Anbalagan.N Vs The Managing Director

Thanka Mithra. M Vs The State of Tamil Nadu