Madhya Pradesh High Court
Sanjay Kumar Pathak vs The State Of Madhya Pradesh on 12 September, 2012
Sanjay Kumar Pathak Vs. State of M.P. & Ors.
Writ Petition No. 14875 / 2012 (s)
12.9.2012:
Shri Sanjay Singh, learned counsel for the petitioner.
Shri S.S. Bisen, learned Government Advocate for the
State, on advance notice.
Petitioner has been suspended vide order Annexure
P1 dated 30.8.2011. It is the case of petitioner that he has
remained under suspension for more than 90 days and
under Rule 53 of the M.P. Fundamental Rules, the
subsistence allowance paid to petitioner has to be
reviewed after more than 90 days.
It is pointed out by Shri Sanjay Singh, learned
counsel that apart from requirement of FR53, circulars of
State Government also contemplate enhancement of
subsistence allowance after a particular period of time.
Interalia contending that respondents are not considering
the claim of petitioner for enhancement of subsistence allowance in accordance to requirement of F.R. 53 and circulars issued representation in this regard is pending since 8.12.2011, petitioner has filed this writ petition.
Keeping in view the aforesaid grievance of petitioner and the fact that have come on record, for the present, without entering into controversy on merits respondent No.2 the competent authority and disciplinary authority is directed to consider and decide the representation of 2 petitioner, in this regard the following directions are issued :
On petitioner's filing a certified copy of this order along with relevant documents including copy of representation before respondent No.2, the said respondent shall pass appropriate orders with regard to enhancement of subsistence allowance of petitioner within 1 month from the date of receipt of certified copy of this order.
The respondents while considering the claim shall also pass orders with regard to date from which enhancement has to be granted. With the aforesaid the petition stands disposed of. Certified copy as per rules.
(Rajendra Menon) Judge ss/-