Madras High Court
G.Antonysamy vs The Assistant Director Of Survey And ... on 13 February, 2017
Author: S.Vaidyanathan
Bench: S.Vaidyanathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.02.2017
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
W.P.(MD) No.1975 of 2017
G.Antonysamy ... Petitioner
Vs.
The Assistant Director of Survey and Land Records,
Office of the District Land Survey,
Madurai District,
Madurai. .. Respondent
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a writ of Mandamus directing the respondent to pay 75% of the
last drawn salary as Subsistence Allowance to the Petitioner from 09.08.2015,
along with arrears .
!For Petitioner : M/s.R.Pandimaharaja
For Respondent : Mr.A.K.Baskarapandian,
Special Govt.Pleader
:ORDER
This Writ Petition has been filed, seeking for a direction to the respondent to pay 75% of the last drawn salary as Subsistence Allowance to the Petitioner from 09.08.2015, along with arrears .
2.Heard the learned counsel on either side and perused the materials placed before this Court.
3.The Petitioner is admittedly under suspension for more than six months and that in terms of Rule 53 of the Fundamental Rules, the Petitioner is entitled to get subsistence allowance at 75% of his last drawn pay. This issue has already been decided by this Court by order made in W.P.No.41305 of 2016, dated 24.11.2016.
4.In view of the above, the respondent is directed to pay the enhanced subsistence allowance at 75% of his last drawn salary to the Petitioner from the date it became due and arrears of such enhanced subsistence allowance is directed to be paid within a period of eight weeks from the date of receipt of a copy of this order. The enhanced subsistence allowance is directed to be paid to the Petitioner from February 2017 onwards as above stated, till the suspension is either revoked or the charges levelled against the Petitioner culminated into a punishment.
5.With the above direction, the Writ Petition is disposed of .No costs.
To:
The Assistant Director of Survey and Land Records, Office of the District Land Survey, Madurai District, Madurai..