paying the eligible subsistence
allowance in terms of FR 53 (i) is illegal, arbitrary, unjust and
violative of Art.14 and 16 of the Constitution ... eligible
subsistence allowance of 75 percent in terms of FR 53 (i),
and pass...."
2. Heard the learned counsel for the petitioner
entirety and keeping in mind
the provisions of rules under FR 53 (1) (ii) (a) relating to
enhancement of SA, vide Memo dated 01.03.2023, ordered ... Pradesh (1973) 1 SCC 656 =
AIR 1973 SC 1183."
6. FR 53 1(ii) (a) deals relating to payment of Subsistence
Allowance wherein
Rules, 1965 read with FR
53(1)(ii)(a), the subsistence allowance is liable to be
reviewed and enhanced after the initial period of
suspension ... accordance with these recommendations.
3.2. He also submitted that as per FR 53(1)(ii)(a),
enhancement of subsistence allowance is not routine but
discretionary
suspension period from 12.08.2025 till date, despite
being entitled under FR 53(1) Rule.
4. It is submitted that due to non-payment of monthly ... allowance to the petitioner from 12.08.2025 till date, in
accordance with FR 53(1) and other applicable rules.
9. List the matter after 3(three
learned counsel for the respondents by referring to
FR 53(1)(ii)(a) submits that during the suspension period, the permissible
subsistence allowance
whereas he was entitled for
enhancement of the same as per FR 53. Learned counsel submits that the
petitioner has made representation before the competent
Assam Services (Pension)
Rules 1969 and in accordance with FR 53(1)(ii) of Fundamental Rules the pay and
allowances for the period under suspension
submission of non-employment certificate which is in violation of FR
53(2); and
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal
service.
Ld. Counsel for the respondents submits that as per F.R. 53 (2) the
suspended official is not entitled to be paid the subsistence ... untenable, and the
subsistence allowance is being paid as per FR 53, subject to cooperation with
inquiry and fulfilment of relevant conditions.
Ld. Counsel
leave salary, and the dearness allowances, under the provisions of FR
53(1) (ii), by the 4th Respondent.
v. It is further submitted that ... under the provisions of FR 53 (1) (ii) (a)."
10. The issue of enhancement of subsistence allowance was decided in
OA.No.487/2017
