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WP No. 12546 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-04-2026

CORAM THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 12546 of 2026 M.Lakshmikanthan

..Petitioner(s)

Vs

1.The District Collector, Hosur,

Krishnagiri District. 2.The Sub-Collector,

Hosur, Krishnagiri District.

..Respondent(s)

Prayer: This writ petition is filed under Article 226 of the Constitution of India, seeking writ of mandamus, directing the respondents to sanction, fix and disburse subsistence allowance at the enhanced rate of 75 percentage of the petitioners last drawn salary in accordance with fundamental rule 53 with effect from the date of completion of six months from the date of suspension, together with all consequential arrears, within a time frame as may be stipulated by this Court and consequently direct the respondents to forthwith continue to pay the enhanced subsistence allowance at the rate of 75 percentage prospectively during the period of suspension and in any event direct the respondents to consider and dispose

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of the petitioners representation dated 19.02.2026 on merits and in

accordance with law within a time frame to be fixed by this Court.

For Petitioner(s): C.Palanisamy

For Respondent(s): Mr. R.U.Dinesh Raj Kumar Additional Government Pleader

ORDER

This writ petition is filed for the following relief:

“To direct the respondents to sanction, fix and disburse

subsistence allowance at the enhanced rate of 75 percentage of the petitioners last drawn salary in accordance with fundamental rule 53 with effect from the date of completion of six months from the date of suspension, together with all consequential arrears, within a time frame as may be stipulated by this Court and consequently direct the respondents to forthwith continue to pay the enhanced subsistence allowance at the rate of 75 percentage prospectively during the period of suspension and in any event direct the respondents to consider and dispose of the

petitioners representation dated 19.02.2026.”

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2. The petitioner was serving as a Village Administrative Officer.

While so, a criminal case in Cr.No. 11/AC/2025 was registered against the petitioner by the Vigilance and Anti-Corruption Department, Krishnagiri, under Section 7(a) of the Prevention of Corruption Act, 1988 (as amended in 2018), on 28.06.2025. Based on the said case, the petitioner was placed

under suspension by proceedings dated 30.06.2025.

3. The petitioner submits that he has been continuously under

suspension from 30.06.2025 onwards and more than six months have elapsed. A Government servant under prolonged suspension is entitled to enhanced subsistence allowance at the rate of 75%, provided the delay in completion of proceedings is not attributable to the employee. In the present case, the delay is not attributable to the petitioner and no

departmental enquiry has been initiated till date.

4. The petitioner further submits that despite the expiry of six

months from the date of suspension on 30.12.2025, the respondents have neither enhanced the subsistence allowance nor passed any order in this regard. Therefore, the petitioner made a representation dated 19.02.2026

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requesting enhancement of subsistence allowance to 75%, but the same has not been considered till date. Therefore, the petitioner is before this

Court.

5. Considering the facts and circumstances of the case particularly

the fact that the petitioner’s representation dated 19.02.2026 has not been considered to date, a direction is issued to the respondents to consider the petitioner’s representation and pass orders on its own merits, within a

period of 4 weeks from the date of receipt of a copy of this or