Back
C. V. KARTHIKEYAN
S. A. Murali – Appellant
Versus
State of Tamil Nadu, Rep. by its Principal Secretary to Government, Revenue Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, forbearing the respondents from proceeding with notice issued by 2nd respondent in Letter/Memo No.A1/13275/2004 (L.Ref) dated 23.07.2018 without making payment of subsistence allowance to the petitioner and consequently direct the respondent to continue to pay subsistence allowance to the petitioner from December 2017 pending disposal of Criminal Appeal filed by the petitioner in Crl.A.No.776 of 2017 on the file of this Court.)
1. The writ petition has been filed in the nature of writ of mandamus seeking a direction to grant subsistence allowance to the petitioner herein from December, 2017 to till October, 2018, even though the relief sought is slightly different worded.
2. The petitioner was appointed as Junior Assistant through the then Madras Public Service Commission and was allotted to join duty in Chengalpet revenue unit and he joined duty on 11.01.1973. He then rendered 25 years of service and was awarded with Indira Vikas Pathra vide proceedings of the Commissioner and Director of Land Reforms dated dated 20.11.1988. He was also posted as Superin
A civil servant under suspension is entitled to normal subsistence allowance even after conviction by the trial court pending consideration of his appeal until the appeal is disposed of finally.
An employee under suspension is entitled to subsistence allowance even if convicted, unless he accepts employment elsewhere.
Suspended employees are entitled to subsistence allowance as a matter of right, and proper disciplinary proceedings must be initiated post-conviction under Rule 17(c).
A suspended employee is entitled to subsistence allowance, provided they comply with the procedural requirements set forth in the applicable rules.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
