R.Arivalagan v. State of Tamilnadu Rep by

ORDER This writ petition has been filed seeking to quash the suspension order of the 4th respondent dated 29.01.2025 and for a consequential direction to the 4th respondent to revoke the petitioner's suspension and reinstate him into service. Page3 of 8

¶2The petitioner would submit that he joined service as a Physical Education Teacher in 2012 at Government Higher Secondary School, M.K.B. Nagar, Chennai. He has rendered more than 13 years of unblemished service and received the Best Teacher Award on

26.01.2020.

¶3While so, a part-time Physical Education Teacher lodged a complaint alleging sexual harassment in respect of an accident said to have occurred on 26.01.2025 based on which Crime No.3 of 2025 was registered. The petitioner was arrested on 28.01.2025, remanded to judicial custody and was subsequently released on bail on 13.02.2025. He has denied the allegations made against him. Pending the criminal case, the petitioner was placed under suspension on 29.01.2025 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. A charge memo dated 12.03.2025 was issued, to which he submitted a detailed explanation on 03.04.2025. Thereafter, an Enquiry Officer was appointed on 18.09.2025, and the petitioner was directed to appear for the enquiry on 07.10.2025, even though the relevant documents had not been supplied. Page4 of 8

¶4The petitioner would submit that the disciplinary proceedings have not been completed within the time prescribed under G.O.Ms.No.34 dated 23.02.2022, resulting in prolonged suspension. He would further submit that the continued suspension has caused severe financial hardship and denial of subsistence allowance and service benefits, in violation of the principles of natural justice He therefore seeks reinstatement, subject to the outcome of the departmental proceedings and the criminal case.

¶5When the matter is taken up for hearing, the learned counsel for the petitioner has brought to the notice of this Court that the petitioner may be posted in any of the following schools since there are existing vacancies for the post of Physical Education Teacher.

¶1Boppli Raja Government Higher Secondary School, Puzhal.

2.Old Nappalayam High School

3.Government Boys High School, Kadirvedu, Chennai

4.Government Boys Higher Secondary School, Porur Page5 of 8

5.Kodambakkam Higher Secondary School Chennai. The learned counsel would further submit that the subsistence allowance has not been paid to the petitioner to date.

¶6The learned Government Advocate would submit that the respondents are also agreeable to accommodate the petitioner in any one of the aforesaid Schools.

¶7Without expressing any opinion on the merits of the allegations, and in view of the consensus arrived at between the parties, this Court is inclined to dispose of the writ petition with the following directions:

(i) The petitioner shall be accommodated as a Physical Education Teacher in any of the aforementioned schools, within a period of two weeks from today.

(ii) The 4th respondent is directed to pay the subsistence allowance to the petitioner as soon as possible.

(iii) The petitioner shall also undertake to cooperate with the departmental enquiry. Page6 of 8

¶8Accordingly, this writ petition is disposed of . No costs. Consequently, connected miscellaneous petitions are closed. 16-07-2026 Index: Yes/No Speaking/Non-speaking order SRN To

¶1The Principal secretary to Government, School Education Department Secretariat, Fort St.George, Chennai-600 009

¶2The Joint Director(Personal) Perasiriyar Anbazhagan Kalvi Valagam College Road Chennai-600 006

¶3The District Educational officer(south) School Education Department Saidapet, Chennai-600 015 Page7 of 8

¶4The Chief Educational officer School Education Department Perasiriyar Anbazhagan Kalvi Valagam College Road, Chennai-600 006

¶5The Headmaster Government Higher Sec.School M.K.B.Nagar, Vysarpadi Chennai-600 039 WPoNo.o27360oofo2026 P.T.ASHAoJ. SRN WPoNo.o27360oofo2026 and WMPoNos.o29974oando29980oofo2026 16-07-2026 Page8oofo8

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA and WMP Nos. 29974 and 29980 of 2026 R.Arivalagan ..Petitioner(s) Vs 1. State of Tamil Nadu rep by The Principal secretary to Government, School Education Department Secretariat, Fort St.George, Chennai-600 009 2. Joint Director(Personal) Perasiriyar Anbazhagan Kalvi Valagam College Road Chennai-600 006 3. The District Educational officer(south) School Education Department Saidapet, Chennai-600 015 4. The Chief Educational officer School Education Department Perasiriyar Anbazhagan Kalvi Valagam College Road, Chennai-600 006 Page2 of 8 5. The Headmaster Government Hr.Sec.School M.K.B.Nagar, Vysarpadi Chennai-600 039 ..Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified mandamus calling for the records relating to the proceedings of the fourth respondent in R.c.NO.616/A1/2025 culminating in the suspension order dated 29.1.2025 quash the same and direct the 4th respondent to revoke the petitioner's suspension and reinstate him in service. For Petitioner(s): Ms .S. Mythreye Chandru For Respondent(s): Mr. K. Sathish, Government Advocate for R1 to R5.