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T.Narasimha Das vs The Ap. Dairy Development Cooperative ... on 6 April, 2022

8. The Hon'ble Rajasthan High Court was seized of the similar issue in the case of Shyam Sunder Mal Vs. Rajasthan High Court (1 supra) and the Hon'ble High Court has held that the subsistence allowance during the suspension is not only a mere question of term of a contract of employment, but forms part of the constitutional theme of procedural reasonableness and rule against arbitrariness and therefore denying the full pay and dearness allowance for the period of suspension by adjusting the period of suspension against leave without pay is not sustainable. For the sake of clarity and ready reference, the relevant paragraphs are reproduced as under:
Telangana High Court Cites 11 - Cited by 0 - P M Devi - Full Document

M/S Church Of South India Trust ... vs Vs on 28 April, 2016

34. Though the learned counsel for the respondents relied upon the decisions in Sumer Mal Vs. State of Rajasthan and Swatantra Agarwal Vs. M.D., U.P. Finance Corporation to contend that the said provision also applies to writ proceedings, both these decisions did not refer to the decision of the Supreme Court in Devendra Pratap (9 supra). Therefore they are not good law and cannot be said to be binding on this Court.
Andhra HC (Pre-Telangana) Cites 33 - Cited by 0 - M S Rao - Full Document

Dalchand Paliwal vs State Of Raj. & Ors on 11 September, 2009

In view of the Division Bench judgment of this Court delivered in the case of Shyam Sunder Mal Vs. Rajasthan High Court reported in 2000(4) WLC (Raj.) 4 the suspended employee is entitled to subsistence allowance and as per Rule 53 and 54 of the Rajasthan Service Rules, 1951, the subsistence allowance paid to the employee 2 cannot be withdrawn or recovered.
Rajasthan High Court - Jodhpur Cites 2 - Cited by 0 - P C Tatia - Full Document
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