Madras High Court
WP(MD)/14491/2026 of Arul Selvi Vs The Commissioner on 1 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01-10-2026
CORAM
THE HON'BLE MR JUSTICE B.PUGALENDHI
WP(MD) No. 14491 of 2026
CNR:{HCMD010644582026}
and
WMP(MD) Nos.10878 & 10880 of 2026
Arul Selvi
Noon Meal Organizer,
(under suspension),
Government Higher Secondary School,
Pazhavur, Vallioor Panchayat Union,
Tirunelveli District.
..Petitioner
Vs
1. The Commissioner,
Commissionerate of Social Welfare,
Lady Willingdon College Campus,
Kamarajar Salai,
Chennai 600005.
2. The District Collector
Kokkirakulam,
Tirunelveli - 627 009,
Tirunelveli District.
3. The Commissioner / Block Development
Officer
Vallioor Panchayat Union,
Vallioor - 627 117,
Tirunelveli District.
4. The Headmaster
Government Higher Secondary School,
Pazhavur 627 114,
Tirunelveli District.
..Respondents
PRAYER: S-2. Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings issued by the 2nd respondent, District Collector vide impugned proceedings in Na.Ka.No.Ng9/2546543/2024 dated 21.02.2025, Quash the same in so far as the denial of subsistence allowance to the petitioner is concerned and further Direct the respondents forthwith to pay subsistence allowance to the petitioner from the date of suspension
i.e., 21.02.2025, till the date of revocation of suspension, together with all consequential benefits, and pass such further or other suitable Order / Orders as this Honble Court may deem fit and proper in the circumstances of the case, and thus render justice.
For Petitioner
:Mr.K.Ragatheesh Kumar
For Respondents
:Mr.C.Jeganathan
Special Government Pleader
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O R D E R
The petitioner, a Noon Meal Organiser working in Government Higher Secondary School, Pazhavur, has been placed under suspension on 21.02.2025, pursuant to a criminal case registered as against the petitioner in Crime No.33 of 2025, on the file of the Vannandur Police Station, for the offences punishable under Sections 272, 123 of BNS, 2023 and Sections 7 and 20(1) of Cigarette and other Tobacco Products Acts, 2003. By the impugned suspension order, this petitioner has been denied subsistence allowance and therefore, this petitioner has filed this writ petition seeking subsistence allowance for the suspension period.
2. The learned Special Government Pleader appearing for the respondents submits that this petitioner is a Noon meal organizer and is not having any right to claim subsistence allowance. Therefore, subsistence allowance has been denied. The learned Special Government Pleader further submits that the petitioner is delaying the enquiry proceedings by not cooperating for the enquiry. Therefore, on this ground also, this petitioner is not eligible for the subsistence allowance.
3. The learned counsel for the petitioner has relied upon the earlier order passed by the Principal Seat of this Court in WP No.7539 of 2024, dated 21.03.2024 and submits that this Court has issued a direction to the respondents therein to provide subsistence allowance to an Anganwadi worker/Noon Meal Organizer. He further submits that the said order has also been confirmed by the Division Bench of the Principal Seat of this Court in WA No.3765 of 2024, dated 03.01.2025.
4. This Court considered the rival submissions made.
5. The eligibility of subsistence allowance to Noon Meal Organizers has already been decided by the Principal Seat of this
Court and also confirmed by the Division Bench of the Principal Seat of this Court as stated supra. In view of the same, this writ petition is allowed with a direction to the respondents to pay subsistence allowance to the petitioner. Pendency of a criminal case is not a bar for proceeding with the disciplinary proceedings. Since it is reported that the investigation in the Crime No.33 of 2025 has been concluded and a final report has also been filed, the respondents are directed to proceed with the disciplinary proceedings and this petitioner is expected to co-operate for the disciplinary proceedings. In the event, if this petitioner is not cooperating for the disciplinary proceedings, then the subsistence allowance need not be paid. No costs. Consequently, connected Miscellaneous petitions are closed. 01-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VRN
To
1. The Commissioner, Commissionerate of Social Welfare, Lady Willingdon College Campus, Kamarajar Salai, Chennai 600005.
2. The District Collector Kokkirakulam, Tirunelveli - 627 009, Tirunelveli District.
3. The Commissioner / Block Development Officer Vallioor Panchayat Union, Vallioor - 627 117, Tirunelveli District.
4. The Headmaster Government Higher Secondary School, Pazhavur 627 114, Tirunelveli District.
B.PUGALENDHI, J. vrn Order made in WP(MD) No. 14491 of 2026
and
WMP(MD) Nos.10878 & 10880 of 2026 01.10.2026