1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2011 CORAM: THE HONOURABLE MR. JUSTICE T.RAJA W.P.(MD).No.10458 of 2011 and M.P.(MD).No.1 of 2011 S.P.Baskaran ... Petitioner vs. 1.The District Elementary Educational Officer, Trichy District, Trichy. 2.The Assistant Elementary Educational Officer, Uppiliyapuram, Trichy District. 3.The Secretary, Hindu Aided Middle School, Maradi, Thuraiyur Taluk, Trichy District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Certiorari, calling for the records relating to the impugned order issued by the 3rd respondent in his proceedings Nil dated 09.09.2011 and quash the same as illegal. For Petitioner : Mr.M.Ajmal Khan For R1 & R2 : Mrs.S.Bharathi Government Advocate For R3 : Mr.V.Panneerselvam O R D E R The petitioner has filed the present writ petition challenging the correctness order of the suspension dated 09.09.2011 passed by the third respondent, The Secretary, Hindu Aided Middle School, Maradi, Thuraiyur Taluk, Trichy District. 2.After notice, the third respondent has filed a counter affidavit stating that since the conduct of the petitioner is indiscipline manner and also causing irregularities in respect of financial aspects, the matter was placed before the school committee and the school committee passed resolution by an order dated 09.09.2011 suspending him for a period of two months strictly in accordance with the Tamilnadu Private School Regulations Act, 1973, which enables the management to place any teacher under suspension for two months. But after completion of two months, it is reported today before this Court that the order of suspension has been revoked and the petitioner has also joined duty on 09.11.2011. 3.At this juncture, the learned counsel for the petitioner submits that the third respondent before placing the petitioner under suspension has not followed the procedure to pass the impugned order of suspension viz., placing the matter before the school committee to enable the school https://hcservices.ecourts.gov.in/hcservices/ 2 committee to pass resolution. Further, he prayed for the payment of subsistence allowance for the said period of two months. It was replied by the learned counsel for the third respondent that the said payment of substance allowance for the period of two months will be dully paid. The said statement is recorded. Therefore, I do not find any further issue to be decided in this matter. 4.In view of the fact that the third respondent agreed with the request of the petitioner that the petitioner is entitled to get subsistence allowance for the suspension period, by keeping note of the fact that the suspension order itself has been revoked and the petitioner has also rejoined the duty on 09.11.2011, nothing survives in this writ petition. Hence, this petition is dismissed. Consequently, the connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The District Elementary Educational Officer, Trichy District, Trichy. 2.The Assistant Elementary Educational Officer, Uppiliyapuram, Trichy District. +1CC TO M/S.C.S.ASSOCIATES, SR.39359 Ns SR : 29.11.2011 : 2p/4c W.P.(MD).No.10458 of 2011 10.11.2011 https://hcservices.ecourts.gov.in/hcservices/