This Writ Petition has been filed, seeking for issuance of a writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the respondent vide F.vz;.029810/752/epgp.4/c.1/nfh.xHq;F eltof;if/2016 ehs; 02.01.2017 and to quash the same as illegal and consequently to direct the respondent to pay the subsistence allowance to the Petitioner.
2.Mr.G.Kasinathadurai,learned Standing Counsel takes notice for the respondent. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself.
3.The Petitioner has come forward with this Writ Petition challenging the order, dated 2.1.2017 of the respondent on the ground that the Petitioner has been suspended from service and has not been paid with subsistence allowance. In the impugned order, dated 2.1.217, it is very clear the Petitioner will have to produce the communication duly authorised by the superior officer that the subsistence allowance will be paid based on the certificate issued by the superior officer and they have never rejected the payment of subsistence allowance to the Petitioner.
4.This Court makes it clear that it is open to the respondent to proceed with the departmental proceedings and payment of subsistence allowance has got to be paid,otherwise it will hit by
Article 21 of the Constitution of India. Since there is no rejection order and that if the Petitioner is an employee of the respondent-Corporation, it is for the respondent to pay the subsistence allowance during the suspension period of the Petitioner. In view of the above stated position, I find no error in impugned order and thus the Writ Petition fails.
In view of the same, the Writ Petition stands dismissed. Consequently, connected Miscellaneous Petitions are dismissed. No costs.
To:
The Superintendent Engineer, Tirunelveli Division(Electricity Distribution Circle), TANGEDCO, Tirunelveli-11..