BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17/11/2025 CORAM THE HONOURABLE MR. JUSTICE K.KUMARESH BABU and W.M.P(MD).No.20872 of 2025 K.R.Seethalakshmi, ... Petitioner Vs The Registrar, Anna University, Sardar Patel Road, Chennai-600 025.. ... Respondent PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERTIORARIFIED MANDAMSUS, calling for the records pertaining to the proceedings of the respondent in Memo No.AU/RC-MDU/PERSONNEL/EC1/2025 dated 06.06.2025, quash the same and further directing him to disburse the enhanced subsistence allowance to the petitioner as per section 4(xii)

of Anna University Statues on Disciplinary Procedure.

For Petitioner : Mr.A.Jayaramachandran, For Respondent : M/s.H.Jasima Yasmin for Ajmal Associates

ORDER

This writ petition has been filed for a writ of CERTIORARIFIED MANDAMSUS, calling for the records pertaining to the proceedings of the respondent in Memo No.AU/RC-MDU/PERSONNEL/EC1/2025 dated 06.06.2025, quash the same and further directing him to disburse the enhanced subsistence allowance to the petitioner as per section 4(xii)

of Anna University Statues on Disciplinary Procedure.

2. The petitioner who had been placed under suspension pending disciplinary proceedings was imposed with the punishment of compulsory retirement from service. However, the said order had not dealt with as to how the period of suspension was to be treated. The petitioner had been kept under suspension from 27.12.2018, until the order of punishment was given to her. In spite of the enquiry report made in the year 2019, the second show cause notice was issued only on 25.08.2023 that too after Syndicate has resolved to impose a punishment of compulsory retirement. The second show cause notice was challenged by the petitioner in W.P.(MD).No.22669 of 2023 and the petitioner has also challenged the order of suspension in W.P.(MD).No.20101 of 2023.

Pending the Writ Petition, a further show cause notice was issued with regard to the penalty to be imposed, which was challenged in W.P. (MD).No.21390 of 2024. W.P.(MD).Nos.22669 of 2023 & 21390 of 2024 came to be disposed by this Court on 15.10.2024 by separate orders directing the petitioner to submit her explanation. W.P.(MD).No.20101 of 2023 was disposed on 18.10.2024 noting the direction given in W.P. (MD).No.21390 of 2024 to dispose the disciplinary proceedings on or before 28.02.2025 with a further direction to disburse the subsistence allowance as per the Rules applicable. By proceedings dated 28.05.2025, a punishment of compulsory retirement came to be passed. On 06.06.2025, the impugned order rejecting the claim of enhanced subsistence allowance came to be passed.

3. A perusal of the rules extracted in the impugned order would indicate that if the period of suspension can been prolonged for reasons to be recorded in writing, which is not directly attributable to the employee, enhanced subsistence allowance not exceeding 50% of the subsistence allowances is admissible to be paid, which has been paid during the first six months.

4. The relevant rules of the statute of the respondent department relating to disciplinary procedure and subsistence allowance read as follows:

“Subsistence allowance: a) an university employee under suspension shall be entitled to a subsistence allowance at an amount to equal to a leave salary and dearness allowance (if any), which he would have drawn if he had been on leave on half pay.

Provided that where the period of suspension exceeds twelve months, the authority which made or is deemed to have made the orders of suspension shall be competent to vary the amount of subsistence amount for a period subsequent to the period of the first six months as follows:-

1) The amount of subsistence allowance may be increased by a suitable amount not exceeding 50 percent of the subsistence allowance admissible during the period of the first six months, if in the opinion of the said authorit