P SOUNDARARAJAN Vs. SENIOR PROJECT MANAGER

JUDGEMENT

(1.) THIS writ petition has been filed for a direction against the second respondent to release the subsistence allowance due to the petitioner. The petitioner was appointed as Assistant Engineer in the respondents office in 1991 and then he was promoted as Assistant Executive Engineer and working in the said capacity in the first respondent office. In respect of economic offence, he was arrested on 29. 4. 2005 and a criminal case is pending. In the meantime, the second respondent has passed the order of suspension on 2. 5. 2005 against the petitioner on the basis that a criminal offence against the petitioner in Crime No. 5 of 2005 under Section 5 of the Tamil Nadu Protection of Interest of Deposit Act is under investigation.

(2.) IT is an admitted case that for a period of six months from the date of receipt of the suspension order, the petitioner was paid 50% of the salary as subsistence allowance as per the rules.

(3.) LEARNED counsel for the petitioner would submit that afterwards for the months of November and December 2005, the petitioner was paid 25% of his salary as subsistence allowance and thereafter from January 2006 onwards till date admittedly no subsistence allowance has been paid.