State appeal against an order directing payment of subsistence allowance to a Panchayat Secretary kept under suspension since 2011 despite termination being set aside. The Division Bench found no legal infirmity in the writ order, confirmed entitlement to 50% of last pay drawn under Rule 17(4), and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
Vs.
1.S.Gunasekaran ... 1st Respondent/Writ Petitioner
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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For Appellants : Mr.D.Sadiq Raja For R – 1 : Mr.S.Louis JUDGMENT
W.A.(MD)No.2543 of 2025
(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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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 ps 4/6
W.A.(MD)No.2543 of 2025
To
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W.A.(MD)No.2543 of 2025
DR.ANITA SUMANTH, J. AND C.KUMARAPPAN, J.
ps
W.A.(MD)No.2543 of 2025
03.09.2025
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1 issue framed by the court
Was a suspended Panchayat Secretary entitled to subsistence allowance from 09.07.2013 under Rule 17(4) of the 2013 Rules?
1 provisions across 1 enactments
The Inspector of Panchayats-cum-The District Collector, Theni District
The Block Development Officer, Block Development Office, Andipatti
S.Gunasekaran
The President, Rengasamuthiram Village Panchayat, Andipatti Taluk, Theni District
Anita Sumanth
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
