Section 98 in The Goa, Daman and Diu School Education Rules, 1986
98. Payment of pay and allowances on reinstatement.
- ["(1) When an employee who has been dismissed, removed or compulsorily retired from services or reduced in rank or whose service is otherwise terminated, is re-instated or restored to his original rank or position as a result of appeal or the decision of the Director of Education under sub-rule (2) of rule 97 or would have been so re-instated or restored to his original rank but his retirement on superannuation while under suspension proceeding the dismissal, removal or compulsory retirement as the case may be, the Disciplinary Authority shall consider forthwith and make specific order".] [Sub-rule (1) of rule 98 has been substituted by (Amendment) Rules, 1994 (Official Gazette, Series I No. 28 dated 14-10-1994).]-(a)["for the payment of"] [In clause (a) the words 'with regard to' have been substituted by the words 'for the payment', by (Amendment) Rules, 1994. (Official Gazette, Series I No. 28 dated 14-10-1994 and the words 'to be paid' in the same clause have been omitted.] the salary and allowances [* * *] [In clause (a) the words 'with regard to' have been substituted by the words 'for the payment', by (Amendment) Rules, 1994. (Official Gazette, Series I No. 28 dated 14-10-1994 and the words 'to be paid' in the same clause have been omitted.] to the employee for the period of his absence from duty, including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and(b)[ "that the said period of absence shall be treated as the period spent on duty.";] [Clause (b) has been substituted, by (Amendment) Rules, 1994 (O. G., Series I No. 28 dated 14-10-1994](2)Where the [* * *] [The words 'Disciplinary Authority is of opinion that the' in sub-rule (2) have been omitted.] employee who had been dismissed, removed or compulsorily retired from service has been ["exonerated"] [This word has been substituted for the word 'fully exonerated'.] the employee shall be paid the full salary and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired from service or suspended prior to such dismissal, removal or compulsory retirement from service [* * *] [The words 'or suspended prior to such dismissal removal or compulsory retirement from service' have been omitted.] as the case may be:Provided that where the Disciplinary Authority is of opinion that the termination of the proceeding instituted against the employee had been delayed due to reason directly attributable to the employee, it may, after giving a reasonable opportunity to the employee to make representation and after considering the representation, if any, made by the employee, direct for reasons to be recorded by it in writing, that the employee shall be paid for the period of such delay only such proportion of the salary and allowances as it may determine.["Provided further that the employees, if aggrieved by the decision of the Disciplinary Authority, may, within 30 days from the date of receipt by him of such a decision, prefer an appeal to the Director of Education through proper channel as laid down in sub-rule (5) of rule 90."] [Proviso inserted.].(3)The payment of allowances shall be subject to all other conditions under which such allowances are admissible and the proportion of the full salary and allowances determined under the proviso to sub-rule (2) shall not be less than the subsistence allowance and other admissible allowances.
