- 1 - NC: 2025:KHC:4301 WP No. 29200 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 29200 OF 2024 (S-RES) BETWEEN: VENKATESHA P S/O. LATE PENCHALAIAH, AGED ABOUT 60 YEARS, RETIRED FDA (INCHARGE MANAGER), DAVANAGERE MAHANAGARA PALIKE, REVENUE DEPARTMENT DAVANAGERE-577 002, R/O. NO. 174, SRI RAMESHWARA NILAYA, ’A’ BLOCK, 1ST MAIN, 5TH CROSS, SHARAVATHI NAGARA, SHIVAMOGGA-577 201. …PETITIONER (BY SRI. RAMESH M.V., ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH FLOOR AND 10TH FLOOR, VISHVESHWARAIAH TOWER, Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4301 WP No. 29200 of 2024 DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE-577 001. 4. THE COMMISSIONER DAVANAGERE CITY CORPORATION, P.B. ROAD, OPP. TO RAILWAY STATION, DAVANAGERE-577 001. 5. THE COMMISSIONER SHIVAMOGGA CITY CORPORATION, B.H. ROAD, SHIMOGA, SHIVAMOGGA-577 201. …RESPONDENTS (BY SRI.SHIVAPRABHU HIREMATH, AGA FOR R1 TO R3 SRI S MAHESH, ADV. FOR R4 SRI A.G. RAVISHANKAR, ADV. FOR SRI A.V. GANGADHARAPPA, ADV. FOR R5) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO SETTLE THE SUBSISTENCE ALLOWANCE/SALARY FOR THE PERIOD FROM 05.01.2023 TO 30.05.2024 AND THE PENSION / PENSIONARY BENEFITS/RETIRAL BENEFITS OF THE PETITIONER ALONG WITH THE ADMISSIBLE RATE OF INTEREST ON THE BELATED PAYMENT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:4301 WP No. 29200 of 2024 ORAL ORDER Heard the learned counsel Sri.Ramesh.M.V., for petitioner, learned Additional Government Advocate Sri.Shivaprabhu Hiremath for respondent Nos.1 to 3, learned counsel Sri.S.Mahesh for respondent No.4 and learned counsel Sri.A.G.Ravishankar for Sri.A.V.Gangadharappa for respondent No5. Perused the writ petition papers. 2. Learned counsel for the petitioner would submit that petitioner retired as First Division Assistant on 30.06.2024 while working at fifth respondent – Municipal Corporation. Learned counsel would submit that under Annexure-A, order dated 28.11.2022 of the Deputy Commissioner of Davanagere District, the petitioner was kept under suspension alleging misconduct. Thereafter, under Annexure-F order dated 31.05.2024 of the second respondent-Director of Municipal Administration, suspension of the petitioner was revoked and was posted to fifth respondent Municipal Corporation. It is the - 4 - NC: 2025:KHC:4301 WP No. 29200 of 2024 grievance of the petitioner that for the period from 05.01.2023 to 30.05.2024, petitioner was not paid subsistence allowance, when he was under suspension. It is submitted that in that regard, petitioner has submitted a representation as at Annexure-E dated 14.03.2024 and no action is taken to pay the subsistence allowance to the petitioner. 3. Learned counsel appearing for the respondents would submit that the charge memo is issued to the petitioner and the enquiry is pending. Since the enquiry is pending, it is submitted that the pensionary benefits and other benefits of the petitioner are not settled and they justified their action in view of the pendency of enquiry. Thus, they pray for dismissal of the writ petition. 4. Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would be entitled for a writ of mandamus to consider his request for payment of subsistence allowance for the period when he was under - 5 - NC: 2025:KHC:4301 WP No. 29200 of 2024 suspension by considering the representation as at Annexure-E dated 14.03.2024. 5. Admittedly, petitioner was kept under suspension under order dated 28.11.2022 (Annexure-A) and the suspension was revoked under order dated 31.05.2024 (Annexure-F) of the second respondent – Director of Municipal Administration. It is the grievance of the petitioner that from 05.01.2023 to 30.05.2024, subsistence allowance is not paid. A suspended employee would be entitled to get subsistence allowance in terms of the Rules and the subsistence allowance cannot be denied. Hence, the following: ORDER a) Respondent Nos.2 to 4 are directed to consider the representation of the petitioner as at Annexure-E dated 14.03.2024 and pass appropriate order in accordance with law in the matter of subsistence allowance of the petitioner for - 6 - NC: 2025:KHC:4301 WP No. 29200 of 2024 the period from 05.01.2023 to 30.05.2024. b) Time for compliance: Three months from today. c) With the above writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE NC CT:bms List No.: 1 Sl No.: 7