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2026 Supreme(Online)(Mad) 23906

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. P.T. ASHA, J
R.Saranraj – Appellant
Versus
The Additional Deputy Commissioner of Police, ISTC (East), I/c Deputy Commissioner of Police, (Admin), Greater Chennai Police – Respondent
W.P.No. 9760 of 2026



Advocates:
For the Appellants/Petitioners: Mr. S.Saravana Kumar
For the Respondents: Mr. T.Chandrasekaran Special Government Pleader

Suspended employees are entitled to subsistence allowances as a legal right during suspension pending investigation.

Headnote:The petitioner, suspended and entitled to subsistence allowance under Section 226 of the Constitution of India, seeks a writ of mandamus for its payment. The court found that the allowance had not been paid despite prior orders, leading to the conclusion that the petitioner is legally entitled to receive the amount promptly. Ultimately, the court mandates payment by the 1st respondent by 15.04.2026.

Table of Content
1. petitioner's right to subsistence allowance (Para 1 , 2)
2. failure to revoke suspension and issue allowance (Para 6)
3. court orders compliance for payment (Para 7 , 9)

O R D E R

This writ petition is filed for the following relief:

“To direct the 1st respondent to pay the subsistence allowances in the light of suspension order vide Rc.No.53252/ PR IV (2)/2025 in CPO.No.2778/2025 by order dated 21.08.2025 passed by the 1st respondent and representation dated 29.01.2026.”

2. The petitioner was appointed as a Grade II constable in the year 2011 and posted at III - Battalion at Veerapuram Avadi, Chennai and subsequently he was transferred to Armed Reserve Police in the year 2021, as a Grade I Constable then he was transferred to local Police Station, namely, Fl - Chindaripet. Thereafter, on a confession statement of co-accused, the petitioner’s name was falsely implicated in Crime No.266/2024 on the file of the KK Nagar Police Station under Sections 294(b), 324, 452, 384, 506 (ii) of IPC) and in Crime No. 490/2024 on the file of the MGR Nagar Police Station under Sections

294(b), 323, 384, 506 (i) of IPC).

3. The petitioner got an anticipatory bail in CRL.OP.Nos. 6291 &

6528 of 2025 before this Court. The petitioner would submit that he is entitled to get subsistence allowance, however, the same has not been paid to him. Therefore, the petitioner is before this Court.

4. Heard the learned counsels on the either side and perused the records.

5. The petitioner who has been placed under suspension since

21.08.2025, has not been paid subsistence allowance to which he is legally entitled to. The petitioner had initially challenged his prolonged suspension in WP.No.47982 of 2025, before this Court and this Court by order dated 16.12.2025 disposed of the writ petition directing the petitioner to make a representation to the 1st respondent to revoke suspension and the 1st respondent was directed to dispose of the same within a period of 12 weeks.

6. Despite the order having been passed on 16.12.2025, to date neither has the suspension order been revoked nor has the subsistence allowance been paid.

7. Considering the facts and circumstances of the case, a mandamus is issued to the 1st respondent to pay subsistence allowance to the petitioner on or before 15.04.2026.

8. Accordingly, this writ petition is disposed of. No costs.

9. Post this matter on 16.04.2026 under the caption “For Reporting Compliance”.

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