V.Krishnan v. The District Collector

ORDER

(1) Dr.T.Chandrasekaran, learned Special Government Pleader accepts notice on behalf of the 1st respondent and Mr.B.Tamil Nidhi, learned Additional Government Pleader accepts notice on behalf of the 2nd respondent.

(2) With the consent of the learned counsels on either side, the writ petition is taken up for final disposal at the admission stage itself.

(3) The petitioner has filed the present writ petition for a mandamus to direct the respondents to treat the petitioner's period of suspension from

07.01.2017 to 15.09.2025 as continuous period of service and to further direct the respondents to grant all consequential monetary and service benefits including arrears of salary, increment, promotion , subsistence allowance and all other attended benefits for the said period and disburse the same based on the petitioner's representation dated

23.02.2026.

(4) The case of the petitioner is that he was appointed as a Noon Meal Organizer at Adi Dravidar Welfare Government Higher Secondary School, Kondai, Mayiladuthurai District, in the year 1986. While so, on

07.01.2017, the petitioner was suspended from service on the ground of theft of a laptop. A FIR came to be registered in Cr.No.941/2015 for the alleged offences u/s.457 and 380 of IPC. The learned Judicial Magistrate, Sirkazhi, after trial, acquitted the petitioner of all the charges levelled Page3 of 5 against him, in CC.No.290/2017. Based on such acquittal, the petitioner was reinstated into service on 16.09.2025. It is the grievance of the petitioner that he was not paid any subsistence allowance during the period of suspension and that, on 02.03.2026, the petitioner submitted a representation to treat the suspension period as continuity of service and to grant subsistence allowance for the period of suspension from

07.01.2017 to 15.09.2025 and other monetary benefits. Since the said representation is yet to be considered, the petitioner is before this Court for the aforesaid relief.

(5) Heard both sides and perused the records.

(6) Though the petitioner has prayed for a larger relief, this Court, considering the facts and circumstances of the case and without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 02.03.2026, on merits and in accordance with law, and in the light of the findings of the learned Judicial Magistrate, Sirkali, in CC.No.290/2017, and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. Page4 of 5

(7) The writ petition stands disposed of with the above direction. No costs. 07-04-2026 Index: Yes/No Speaking/Non-speaking order AP To

¶1The District Collector Mayiladuthurai District.

¶2The Commissioner -Cum-Block Development Officer, Sirkazhi Union Panchayat, Mayiladuthurai District. Page5 of 5

P.T.ASHA, J. AP 07-04-2026

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA V.Krishnan S/o.Viswanathan No.14, Thirukolaka Street, Sirkazhi,Mayiladuthurai District- 609 110. ..Petitioner(s) Vs 1. The District Collector Mayiladuthurai District. 2. The Commissioner -Cum- Block Development Officer, Sirkazhi Union Panchayat, Mayiladuthurai District. ..Respondent(s) Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to treat the petitioners period of suspension from 07.01.2017 to 15.09.2025 as continuation period of service and Consequently direct the respondents to grant all consequential monetary and service benefits including arrears of salary, increment, promotion , subsistence allowance and all other attended benefits for the said period and disburse the same based on the petitioners representation dated 23.02.2026. For Petitioner(s): R.Silambarasan P.Pandiyaraj J.Ravi P.Elumalai For Respondent(s): Dr.T.Chandrasekaran, Spl.GP for R1 Mr.B.Tamil Nidhi , AGP for R2 Page2 of 5