Case Note & Summary
The petitioner was appointed as Office Assistant in the Tamil Nadu judicial service on 12.12.2012 and later promoted to Record Clerk. While working in various courts, he was arrested on 30.11.2016 in connection with a criminal case registered in Crime No.294 of 2011 (C.C.No.12 of 2013) relating to an accident that occurred on 11.06.2011 when he was a temporary driver in the Tamil Nadu State Transport Corporation. Following his detention exceeding 48 hours, he was placed under suspension on 09.12.2016. Subsistence allowance was paid for seven months from 30.11.2016 to 30.06.2017. The petitioner claimed that he appeared before the fourth respondent on 01.07.2017 and furnished a required certificate under Rule 53(2) of the Fundamental Rules. Despite this, no subsistence allowance was paid from 01.07.2017 onwards for more than seven years. The petitioner filed the present writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents to reinstate him after revocation of the suspension order and to pay 75% of subsistence allowance for the period from 01.07.2017 until reinstatement.
Headnote
A) Service Law - Subsistence Allowance During Suspension - Fundamental Rules, Rule 53(2) - Petitioner, a Record Clerk in the judicial service, was suspended following arrest in a criminal case; after 7 months of suspension, subsistence allowance was stopped despite petitioner furnishing certificate under Rule 53(2); matter pending consideration (Paras 1-4).
Issue of Consideration
Entitlement to reinstatement after revocation of suspension and payment of 75% subsistence allowance from 01.07.2017 under Fundamental Rule 53(2)
Law Points
- Fundamental Rule 53(2) - subsistence allowance upon furnishing certificate
