matters, whereby the
writ petitioners were held to be entitled to subsistence
allowance at the rate of 100%.
2. At the outset ... further submitted that
the respondents herein are not entitled to the subsistence
allowance at the rate of 100% in view of rule
order of dismissal
was stayed, the applicant was not paid
subsistence allowance, etc., the learned Single
Judge issued the directions to the respondents to
make ... payment as per law.
3. Payment of subsistence allowance is not in
dispute. It is the case of the applicant -
petitioner that when the removal
been argued that the petitioner was not paid
the subsistence allowance during the period of suspension
which has resulted into financial hardships. Petitioner ... applicant filed Appeal No.56 of 2001 before
the Tribunal for subsistence allowance. It is at that
stage, the real address of the applicant came
petitioner,
states that the petitioner is not being paid subsistence
allowance. It is his case that there is no breach of conditions
of suspension ... therefore, the petitioner is entitled to
payment of subsistence allowance. Grave prejudice is being
caused to him now, inasmuch as, the respondents are
proceeding with
dated 13.10.2017, the petitioner
claimed benefits which are in form of
subsistence allowance, backwages and family
pension.
4. In response to the notice issued ... submitted
that he has never came forward for
even subsistence allowance or any
other benefits and a copy of his own
admission of not reporting
Further, it may also be depends upon the
quantum of the subsistence allowance, even if the position is
restored prior to the conviction ... other word if the
subsistence allowance is like payment equivalent to the full
salary, and the gravity of the offence in which the conviction
Respondent - Shree
Hemchandracharya North Gujarat University to pay the difference
of subsistence allowance by making payment of 75% basic salary
plus allowances ... College and it has also been observed
that the subsistence allowance has been paid. It is specifically
stated that the Respondent No.5 - Trust
complaint is coming-forth from the
side of the petitioner that subsistence allowance is
not paid.
On the next date, learned advocate Mr.Amar
Mithani ... shall place on record the details with regard
to payment of subsistence allowance and if subsistence
allowance is not paid, learned advocate shall
period of his suspension.
Hundred percent salaries minus the amount of subsistence
allowances paid to him during the period of suspension
should be paid ... taken decision vide its resolution dated
1.5.2018 to grant 100% subsistence allowance to him.
15. For the reasons stated above, no interference is
required
period from 26th November, 1985 to
04th February, 1986. The subsistence allowance came to
be adjusted and paid to the petitioner. The
suspension period however ... 19404/2016 CAV ORDER
and to further adjusting subsistence allowance paid
to the petitioner were unsustainable in eye of law.
4.1 On the other hand
