departmental
enquiry on 10th January, 2004. The petitioner was entitled to
subsistence allowance during the period of suspension as per the
provisions of bipartite settlement ... suspension save and except what has been paid by way of
subsistence allowance. The petitioner preferred an appeal against
the order of dismissal
subsistence allowance
shall for such period beyond 60 days
be equal to 3/4th of such basic wages,
dearness allowance and other
compensatory allowance ... wages, dearness
allowance and other compensatory
allowance, if any."
In terms of the afore-extracted clause, which
determines the payment of subsistence allowance
petitioner's husband, submitted a written claim averring that neither
subsistence allowance nor any job had been afforded to the family ... Indra Vikas Patras
in the year 1996. Further, Financial assistance/subsistence allowance stands
released to the petitioner as is evident from the orders dated
Registrar. [An employee under suspension shall be
entitled to subsistence allowance payable under the
Kerala Payment of Subsistence Allowance At, 1972 (27 of
1973).]
[Provided ... employee not coming under the
purview of the Kerala Payment of Subsistence Allowance
Act, 1972 (27 of 1973) shall be entitled to subsistence
allowance
proceedings temporarily to discharge his official
duties, subject to payment of subsistence allowance.
In Union of India v. Ashok Kumar Aggarwal1 , the Supreme
Court held ... work and further,
during the period of suspension he is paid
subsistence allowance;
(ii) It would not be as an administrative routine or an
automatic
Rajinder Kumar vs Hon'Ble High Court Of Himachal Pradesh on 7 January, 2020
consumer loans. Even after repeated
representations, the respondents have not given subsistence allowance
to the petitioner. However, the suspension order was extended
periodically till ... would further submit that the
petitioner has not been given any subsistence allowance during the
period of his suspension. He would further submit that
service with all consequential benefits, such as payment
of arrears of subsistence allowance and to pass such
other order or orders as this ... suspension orders in accordance with the Rules nor they are paying
subsistence allowance to him.
Therefore, counsel for the petitioner contended that appropriate
orders
Judge was
wrong, and that he has also not been paid subsistence allowance. On
receiving this letter, the management vide charge sheet dated
11.8.2017 found ... respondent/petitioner instead sent a letter
on 21.8.2017 for payment of subsistence allowance and on 21.8.2017,
the suspension order was revoked with a direction
open to the petitioner to approach the authority for
seeking the subsistence allowance or other relief if permissible
under law.
7. With the above observations ... 7161 of 2020,
challenging the impugned order 02.02.2020. As regards the subsistence
allowance, this Court has not passed any positive direction. He further
submitted that
