Section 38 in The M.P. Municipal Service (Executive) Rules, 1973
38. Pay, allowances and treatment of service on reinstatement.
(1)When a member of the service who has been dismissed, removed or suspended is reinstated, the authority competent to order the reinstatement shall consider and make specific order :-(a)regarding the pay and allowances to be paid to the member of the service for the period of his absence from duty; and(b)whether or not the said period shall be treated as a period spent on duty.(2)Where the authority mentioned in sub-rule (1) is of opinion that the member of the service has been fully exonerated or in the case of suspension, that it was wholly unjustified, he shall be given the full pay and allowances to which he would have been entitled had he not been dismissed, removed or suspended, as the case may be.(3)In order cases, the member of the service shall be given such proportion of such pay and allowances as the competent authority may determine :Provided that the payment of allowances under sub-rule (2) or (3) shall be subject to all other conditions under which such allowances are admissible :Provided further that such proportion of such pay and allowances shall not be less than the subsistence and other allowances admissible under Rule 37.
