Section 49(9) in West Bengal Municipal (Employees' Service) Rules, 2010
(9)The amount determined under the proviso to sub-rule (3) or under sub-rule (5) shall not be less than subsistence allowance and other allowances admissible under rule 47.Note 1 : When the orders passed are in respect of an employee, in temporary appointment regard should be paid to the period for which the temporary appointment was sanctioned.Note 2 : A permanent post vacated by the dismissal, removal or compulsory retirement of an employee should not be filled up substantively until expiry of the period of one year from the date of such dismissal, removal or compulsory retirement as the case may be. On the expiry of the period of one year, the post may be filled up substantively subject to the condition that the arrangement so made will be reversed if the dismissed employee is reinstated on appeal or otherwise. It is nor necessary to keep a post vacant for a period of one year to provide for the contingency of subsequent reinstatement and confirmation in respect of an employee who at the time of dismissal, removal or compulsory retirement was not holding substantively permanent post but would have been considered for confirmation but for penalty imposed.Note 3 : Where the period of suspension is ordered to be treated as one spent on leave and when on conversion it is found that part of the period is treated as extra-ordinary leave for which no leave salary is admissible, the recovery of the subsistence allowance already paid shall be in order. The moment the period of suspension is converted into leave it has the effect of vacating the order of suspension and it would be deemed not to have been passed at all. Therefore, if it is found that the total amount of the subsistence and other allowances that an employee received during the period of suspension exceeds the amount of leave salary and allowance, the excess shall have to be refunded.Note 4 : A person who is removed or dismissed from service has no locus standi as an employee. There is thus no bar to such a person accepting an employment when an appeal or a representation against the penalties imposed on him is pending before competent authority or where a suit against Local Body for redress of his grievances is sub-judice in the Court of Law. If, however, the penalty of removal or dismissal from service is set aside in consequence of or by a decision of the competent authority or of the Court of Law and the person concerned is reinstated in service from a date earlier than the date on which the relevant order is passed, arrear due, if any, admissible to the reinstated person shall be deducted by the amount drawn during the period of such employment.
