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: