M.Thambidurai vs The District Collector Krishnagiri District, Krishnagiri

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2026 Supreme(Online)(Mad) 30198

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.T. ASHA, J
M.Thambidurai – Appellant
Versus
The District Collector Krishnagiri District, Krishnagiri – Respondent
Writ petition

Important Points

Mandamus directs consideration of representation for 75% subsistence allowance post six-month suspension per service rules.

Subject

Service Law - Suspension and Subsistence Allowance

Act Referred

Prevention of Corruption Act, 1988: S.7
Fundamental Rules: S.53

Headnote

The petitioner, a suspended Village Administrative Officer, sought 75% subsistence allowance under Rule 53 of the Fundamental Rules after six months of suspension due to a corruption complaint under Section 7(a) of the Prevention of Corruption Act, 1988. The court noted the representation dated 18.08.2025 submitted to respondents for enhanced allowance post 26.05.2025. Without adjudicating merits, the court directed consideration of the representation. The issue framed was whether respondents must grant enhanced subsistence allowance per service rules. The ratio decidendi emphasized directing authorities to decide pending representations on merits within time frame, avoiding substantive relief in writ proceedings. The writ petition is disposed of with direction to consider and dispose representation within six weeks.

Advocates:
For Petitioner(s): C.Palanisamy, M.Mahamani, M.saranya
For Respondent(s): Dr.T.Chandrasekaran, Spl.GP

Table of Content
1. writ seeks mandamus for 75% allowance post suspension. (Para 1 , 2)
2. petitioner suspended; entitled to enhanced allowance under rule 53. (Para 3)
3. court directs consideration of representation within six weeks. (Para 4 , 5 , 6)

ORDER

(1) The present writ petition is filed seeking a mandamus, to direct the respondents to grant the petitioner, 75% subsistence allowance after complexion of six months of suspension period, in accordance with the applicable service rules, within a time frame to be fixed by this Court, by considering his representation dated 18.08.2025.

(2) Dr.T.Chandrasekaran, learned Special Government Pleader accepts notice on behalf of the respondents 1 and 2. With the consent of the learned counsels on either side, the writ petition is taken up for final disposal.

(3) The case of the petitioner is that while he was serving as the Village Administrative Officer, he was placed under the suspension on 27.11.2024, on the basis of the complaint registered against him in Crime No.10/AC/2024, by the Vigilance and Anti Corruption Department, for the alleged offence under Section 7[a] of the Prevention of Corruption Act, 1988. It is the case of the petitioner that as per Rule 53 of the Fundamental Rules, if the suspension period continues beyond six months, the delinquent under suspension, is entitled for enhanced subsistence allowance upto 75%. According to the petitioner, since six months period expired on 26.05.2025, he is eligible for 75% subsistence allowance and in this regard, he submitted a representation to the respondents on 18.08.2025. Since the said representation is yet to be considered, the petitioner is before this Court by filing the present writ petition for the aforesaid relief.

(4) Heard both sides and perused the materials placed on record.

(5) Though the petitioner has prayed for a larger relief, considering the facts and circumstances of the case and without going into the merits of the case, this Court directs the respondents to consider and dispose of the petitioner’s representation dated 18.08.2025, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

(6) The writ petition is disposed of accordingly. No costs.