SC directive on subsistence allowance to suspended staff

Last Updated: Wednesday, February 3, 2010 - 20:51

New Delhi: The Supreme Court has ruled that a
government employee under suspension is not entitled to
subsistence allowance on the basis of a revised pay scale if
the disciplinary action against him or her has been taken
before the revision.

A bench of Justices R V Raveendran and K S Radhakrishnan
in a judgement said the suspended employee is entitled to
subsistence allowance on the basis of a revised pay scale if
the suspension had taken after the revision.

Interpreting rule Note 3 to Rule 7 of the Revised Pay
Rules and FR 53(1)(ii)(a) and Office Memorandum dated 27th
August, 1958 of the Union of India, the apex court said the
rule is clear that if the revision of pay takes effect from a
date prior to the date of suspension of a government servant
then he/she would be entitled to benefit of increment in pay
and in the subsistence allowance for the period of suspension.

"But if the revision of scale of pay takes effect from
a date falling within the period of suspension then the
benefit of revision of pay and the subsistence allowances will
accrue to him only after reinstatement depending on the fact
whether the period of suspension is treated as duty or not,"
Justice Radhakrishnan writing the judgement said.

The apex court passed the judgement while upholding an
appeal filed by the Centre challenging the directions passed
by the Central Administrative Tribunal and the Delhi High
Court to pay subsistence allowance to R K Chopa, a suspended
employee of the Ministry of Commerce and Industries.

PTI



First Published: Wednesday, February 3, 2010 - 20:51
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