Government must mandatorily review prolonged suspensions per G.O. guidelines to prevent undue prolongation without work.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2026 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.8747 of 2026 S.Vasanthakannan ... Petitioner Vs.

1.State of Tamil Nadu, Represented by the Additional Chief Secretary to the Government, Home (Prisons-I) Department, Chief Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Prisons and Correctional Services, Tamilnadu Prisons and Correctional Services, HQ Office, No.6, Anna EVR Maniyammaiyar Salai, Egmore, Chennai - 600 008.

3.The Superintendent of Prisons, Central Prison, Palayamkottai, Tirunelveli - 627 002. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first respondent to revoke the suspension of the petitioner in the light of the Government Order in G.O.(Ms) No.81 Human Resources Management Department dated 04.08.2022 and to provide 75 percent of the last pay drawn by the petitioner as subsistence allowance from September 2025 to March 2026 to the petitioner by considering the representations of the petitioner dated 08.04.2026 and 09.04.2026 within the time period stipulated by this Court.

For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.S.Shaji Bino Special Government Pleader *****

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to revoke the suspension of the petitioner in the light of G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022 and to pay 75% of the last pay drawn by the petitioner as subsistence allowance for the period from September 2025 to March 2026, by considering the representations of the petitioner dated 08.04.2026 and 09.04.2026, within a time period to be stipulated by this Court.

2. The petitioner, while working as an Additional Superintendent of Prisons in the Central Prison, Palayamkottai and while holding Full Additional Charge (FAC) of the post of Superintendent of Prisons at Madurai and Palayamkottai, was placed under suspension and disciplinary proceedings were initiated against him by issuing a charge memo dated 10.10.2022 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The said disciplinary proceedings are still pending.

3. The grievance of the petitioner is that he was placed under suspension as early as 13.03.2025 and the same has not been reviewed by the respondent, in spite of the mandatory orders issued by the Government in G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022. Hence, the petitioner claims to have submitted representations dated 08.04.2026 and 09.04.2026 requesting review of the order of suspension and reinstatement into service.

4. It is against the inaction of the respondents on the said representations, the petitioner has approached this Court by filing the present Writ Petition.

5. Mr.S.Shaji Bino, learned Special Government Pleader appearing for the respondents, would fairly submit that the respondents would review the order of suspension strictly in terms of the orders issued in G.O.Ms.No.81, Human Resources Management (N) Department, dated

04.08.2022.

6. On a perusal of G.O.Ms.No.81, Human Resources Management (N) Department, dated 04.08.2022, it is seen that certain guidelines have been laid down in paragraph 11 of the said G.O., as per which an obligation is cast upon the authority to review the suspension in terms of the orders issued by the Government therein. Paragraph 11 of the said G.O. reads as follows:

“11. The Government, after careful examination, reiterates the guidelines issued in the Government Order