C.RAJKUMAR Vs. GENERAL MANAGER

JUDGEMENT

(1.) THE petitioner, who is a conductor in the respondent Corporation, is seeking to challenge the order dated 23.12.2011 passed by the General Manager, wherein by which, the petitioner was placed under suspension on the ground that he was responsible for the death of a school student, who fell down from the rear footboard and the left rear wheel ran over him. It was felt that his temporary suspension was essential until further orders. It was also informed that during the suspension period, the petitioner shall not go away from the headquarters of the Branch, namely, Gingee, without the prior permission of the Branch Manager.

(2.) SUBSEQUENT to the order of suspension, the petitioner sent representations dated 6.2.2012 and 20.8.2012, wherein by which, he has stated that he has not been paid any subsistence allowance even though the order of suspension was only pending further orders and it was indicated that he shall not go away from the headquarters without prior permission of the General Manager. Since the petitioner did not get any reply, the writ petition came to be filed challenging the order of suspension and for a direction to pay subsistence allowance as in the order of suspension which is in force.

(3.) A preliminary objection was taken stating that in respect of payment of subsistence allowance the claim will have to be made as per the provisions under the Tamil Nadu Payment of Subsistence Allowance Act, 1981 (Tamil Nadu Act 43/81). The petitioner is having a speedy, efficacious and alternative remedy under the said law. Hence, the writ petition is not maintainable.