IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.12.2025

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI

G.Pitchandi Petitioner

Vs

1. The Chief Educational Officer

Ranipet District,

Chief Educational Office,

Ranipet-632 401.

2.The Head Master

Government Boys Higher Secondary School,

Kalavai, Ranipet District-632 506. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records relating to the proceedings of the 1^st respondent dated 23.10.2025 bearing Na.Ka. No.4721/ Aa4/ 2022 and to quash the same as illegal and consequently to direct the 1^st respondent to provide the annual increment for the month of July, 2023 and also to pay the subsistence allowance at 75% from 09.05.2023 till 10.11.2023 along with its respective arrears and interest thereon at 24% per

annum to the petitioner.

For petitioner : Mr. S.R. Karthikeyan

For respondents : Ms.Mythreye Chandru

Spl. Govt. Pleader

ORDER

This writ petition has been filed to call for the records relating to the proceedings of the 1^st respondent dated 23.10.2025 bearing Na.Ka. No.4721/ Aa4/ 2022 and to quash the same as illegal and consequently to direct the 1^st respondent to provide the annual increment for the month of July, 2023 and also to pay the subsistence allowance at 75% from 09.05.2023 till 10.11.2023 along with its respective arrears and interest thereon at 24% per annum to the petitioner.

2. It is stated that the petitioner is a Teacher working in a Government School. Owing to alleged job racketing case, he was arrested on 09.11.2022 in a criminal case was registered against him. Consequently he was placed under suspension on the same day itself. Subsequently, he was released on bail on 22.12.2022. Thereafter, he submitted several representations to the respondents seeking reinstatement in service after his release on bail; however, no action was taken on the same. Eventually, the suspension of the petitioner was revoked by the respondents on 10.11.2023, and he was permitted to rejoin duty. At that point of time, he sent a representation dated 14.08.2025 to the 1^st respondent to sanction and disburse the arrears of annual increments from July 2023 with interest as well as to pay the balance subsistence allowance for the month of October 2023. In response, the 1^st respondent passed the impugned order dated 23.10.2025 denying the request of the petitioner with regard to annual increment due in July 2023 and the subsistence allowance for the month of October 2023, citing the pendency of disciplinary proceedings and the petitioner’s arrest in the criminal case.

3. Aggrieved by the denial of annual increment and enhancement of subsistence allowance despite revocation of suspension, he has filed the present writ petition challenging the impugned proceedings dated 23.10.2025, as being arbitrary, illegal, and contrary to the service rules and principles of natural justice.

4. Learned counsel for the petitioner submitted that the petitioner was paid 50% subsistence allowance from 09.11.2022 to 30.09.2023. After completion of six months of suspension, the petitioner became entitled to 75% subsistence allowance as per FR 53, since the delay in revocation of suspension was not attributable to him and he had repeatedly sought reinstatement.

5. However, from 01.10.2023 to 10.11.2023, the respondents paid only

25%, which is not contemplated under FR 53(i)(a)(ii) and (iii). He further submitted that reduction below 50% is impermissible and that the order dated 07.11.2023, reducing subsistence allowance, was not served on the petitioner. Hence, denial of the balance subsistence allowance of Rs.28,187/- and the increment for July 2023 is arbitrary. Thus, the impugned proceedings dated 23.10.2025 issued by the 1^st respondent has to be quashed and sought consequential directions as prayed.

6. Per contra, the learned Special Government Pleader appearing for the respondents submitted that the petitioner, along with hi