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2013 DIGILAW 2708 (MAD)

S. Namasivayam v. Government of Tamil Nadu

2013-07-29

D.HARIPARANTHAMAN

body2013
Judgment :- 1. With the consent of both parties, the Writ Petition itself is taken up for final disposal, as the matter lies in narrow compass. 2. Heard both sides. 3. Though the petitioner has questioned the suspension order dated 19.3.2011 placing him under suspension, as he is facing a criminal case under the Tamil Nadu Prevention of Corruption Act, the learned counsel for the petitioner has submitted that the petitioner would be satisfied, if a direction is issued to the third respondent to pay him Subsistence Allowance. 4. It is submitted that the petitioner is paid 50% of the wages as Subsistence Allowance. However, according to the petitioner, he is entitled to Subsistence Allowance at the rate of 100% on completion of 180 days, as per the Tamil Nadu Payment of Subsistence Allowance Act. 5. I am not inclined to agree with the submission made by the learned counsel for the petitioner, since the said enactment does not cover the case of the Government employees and it is made for industrial workers. Therefore, that submission is rejected. 6. At this juncture, the learned counsel for the petitioner has submitted that the petitioner is entitled to 75% of the wages as Subsistence Allowance, as per existing Rules and he has submitted that the petitioner may be permitted to make a representation to the third respondent, seeking 75% of the wages as Subsistence Allowance enclosing all relevant Rules and the third respondent may be directed to pass orders thereon within a specified period. 7. In view of the narrow prayer made during the hearing of the Writ Petition, the Writ Petition is disposed of permitting the petitioner to make a representation to the third respondent enclosing the relevant Rule providing 75% of the wages as Subsistence Allowance beyond certain period of suspension and on receipt of the same, the third respondent is directed to pass orders thereon, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of the representation. No costs. The connected Miscellaneous Petitions are closed.