across the board, have come to be known as Fundamental Rules (FR). FR 53 dealt with the payments, which are entitled to be received ... under suspension. Clause (a) of Sub-Rule (1) of FR 53 sets out that subsistence allowance at an amount equal to half
learned counsel
appearing for the Respondents submitted that Fundamental Rule (FR)
53(1)(c) would be applicable to the Petitioner with regard to the
payment ... allowance and other applicable allowances. He
further contended that the said FR 53(1)(c) would prevail
notwithstanding the contrary averments in paragraph
suspension, the petitioner became entitled to 75%
subsistence allowance as per FR 53, since the delay in revocation of suspension
was not attributable ... allowance during
suspension is governed by Fundamental Rule 53. Fundamental Rule 53 is
extracted hereunder :-
FR 53(1)(a):
A Government servant who is placed
allowance payable to the petitioner from 50% to 25% by invoking FR.53(1)(a).
2. The petitioner entered into service as Surveyor-cum-Draftsman ... writ petition on the ground that the Rule relied on viz., FR.53(1(a) is not relevant and the rule applicable is FR.53
rejected through the impugned order dated
03.06.2022 by placing reliance on FR 53(1)(A)(ii) as well as the
Government letter dated 02.09.1976 stating ... doubt true that FR 53 (1)(A)(ii) provides for reduction of
Government employee's subsistence allowance when the authority is of
the opinion
still continues to be under suspension.
2.Under FR 53(1)(a) of the Fundamental Rules of the Tamil Nadu
Government [hereinafter referred ... suspension
exceeds six months, subsistence allowance shall be increased.
3.FR 53(1) of the Rules reads as follows:
“F.R. 53. (1) A Government
typed set of papers. He
placed particular reliance on FR 53(1)(a)(i). He pressed for setting aside the
impugned order and granting relief ... rival contentions and went through the
materials on record.
6. FR 53(1)(a)(i) reads as follows :
“53(1)(a)(i) The amount
legal. The petitioner is entitled to get subsistence allowance under FR
53. If the petitioner makes an application for payment of subsistence
allowance by furnishing ... fitness certificate as per FR 53(2), the claim of
the petitioner will be considered and prayed for dismissal of the Writ
Petition
enhance the
subsistence allowance payable to the petitioner as per FR 53(1)(a)(i)(iii) in light
of the representations made by the petitioner ... enhance the subsistence allowance payable to the
petitioner as per FR 53(1)(a)(i),(iii) in light of the representations made
rules, the suspension was reviewed periodically. As per FR 53(4), during the period of suspension, the 1st respondent was paid with subsistence allowance equal
