Further, it indicates that under the provisions
contained in Fundamental Rule - 53 (FR 53), the payment of subsistence
allowance was allowed, at an amount equal ... direct the respondents
to grant enhanced subsistence allowance in terms of FR 53 with effect from
11.09.2020, the date of expiry of three months from
Further, it indicates that under the provisions
contained in Fundamental Rule - 53 (FR 53), the payment of subsistence
allowance was allowed, at an amount equal ... direct the respondents
to grant enhanced subsistence allowance in terms of FR 53 with effect from
11.09.2020, the date of expiry of three months from
Further, it indicates that under the provisions
contained in Fundamental Rule - 53 (FR 53), the payment of subsistence
allowance was allowed, at an amount equal ... direct the respondents
to grant enhanced subsistence allowance in terms of FR 53 with effect from
11.09.2020, the date of expiry of three months from
prayer for revision of subsistence allowance
under Fundamental Rule 53 (FR 53). O.A No.180/279/2022 relates to a
prayer for change ... from
the date of completion of three months of suspension
under FR 53 (1)(ii)(a)(i) and direct the respondents to
revise the subsistence
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
Darrang; the
subsistence allowance be granted to the petitioner as per FR 53 of FR and SR during
the suspension period and the period ... three
months of the initial period of suspension in terms with FR 53.
10. The respondents shall on the returnable date apprise this Court
subsistence allowance to the petitioner at the rate under FR 53 (1) (ii) (a)
subject to production of certificate as required under FR 53 ... rate of 75% subject to production of certificate as required under FR
53 (2) of the FR and SR. It has been further mentioned that
admissible to him during the suspension period.
in terms of FR 53, subsistence allowance ought to have
been enhanced to 75%. However, respondents ... Learned counsel for the applicant submitted that In
terms of FR 53, if the period of suspension exceeds 90
6 C4 No. 1445/2023
days
allowed subsistence allowance by
Annexure A5 order dated 16.11.2015 under FR 53(2). The grievance of the
applicant is that Annexures ... subsistence allowance legally paid/payable to him by virtue of FR 53(1)
read with FR 53(2), shall be paid
Respondents in their reply, have submitted that as per
FR 53, a suspended officer is entitled to subsistence allowance ... sides and
havé examined the material on record.
'11. FR 53 (1) (a}(i) provides as under :
"the amount Of subsistence allowance