Payment of subsistence allowances
srinivasan J
(Querist) 04 August 2016
This query is : Resolved
Sir,
I am under suspension and was getting suspension allowances from October 2012 onwards.
I was working in AP , but company took me to MP and filed a criminal suit against me. After coming out on bail, I started remain in MP, where my family staying.
After making payment for 6 months, first 6 months 25% then 50% of wages per months, I was issued an amendment to original suspension order stating that my head quarter will be AP, where I worked. Original suspension order was blind one. My request for change of my head quarter from AP to MP also got rejected by my company, though my reasons were genuine in nature.
In the mean time, after 1 and half years company issued charge sheets to me for departmental inquiry. I attended and sought for certain documents as required to produce my defence. This was as per the rules of company. I was neither denied nor supplied these documents by IO. Even after various reminders. I stopped attending inquiry since non providing of documents to me .
Since I have not stationed at AP, company stopped my allowances also from april 2013. After reducing my allowances rate from 50% to 25% in march 2013.
Writ appeal was filed by me before Jabalpur high court in april 2013, seeking 1. Release of 75% allowances from april 2013 onwards and 2. To provide documents to me to give my defence. Otherwise for stay of inquiry.
Company gave explanation to high court that my allowances got reduced to 25% since I am not cooperating with inquiry. Non payment of allowances from april 2013 is due to non stationing at AP.
I have also given reasons for non stationing and not attending inquiry since it was being done one sidededly. also given before High court, the reasons for not reporting to AP and also the fact that my request for change of head quarter also got rejected by company.
I started reporting AP on the hope of agetting 75% wef april 2013 on 25.03.2014. But company started paying me only at 25% from 25.03.14 and nothing was paid from april 2013 to march 2014 24th.
High court gave judgement , but the directions were not specific on my allowances issue.
I have been directed to complete the inquiry. Company has been directed to give allowances as per rule.
I have completed inquiry and again from September 2015, it is still pending at my company side. No movements.
Company gave 50% from September 2014 and from January 15 75% and again NOTHING WAS PAID TO ME from april 2013 to march 2014.
I am still claiming the same but no response.
My query is : can I approach High Court again for specific direction for payment of wages at 75% wef april 2013 onwards or can I approach supreme court on the basis of earlier court verdict. I am facing a huge financial crisis . please advice. Thanks in advance
srinivasan
R.K Nanda
(Expert) 04 August 2016
Query too long.
Guest
(Expert) 04 August 2016
Mr. Srinivasan,
Have you engaged a defence assistant to defend you in the departmental inquiry? If have already arranged, I don't think he is capable to guide you properly or handle the inquiry case on your behalf. If not, please get one very capable and effective defence assistant, as is permitted under the rules of inquiry, to defend your case. Otherwise, nobody can prohibit the management to take advantage of your mistakes, as have already committed and are likely to commit due to your ignorance about the lomg process of departmental inquiry. I do not want to pin point those mistakes or irregularities on your part to give you any more pain to you.
About your query, "can I approach High Court again for specific direction for payment of wages at 75% wef april 2013 onwards or can I approach supreme court on the basis of earlier court verdict," although you are free to approach the competent court, but that will be quite premature on your part. Unless you cooperate with the inquiry process, you will always be at receiving end even in the SC level.
So, at first, better start making some solid approach systematically towards the inquiry process to make your own base very sound before you think about approaching any competent court and that too at opportune time, not prematurely, as cases in courts can be won only on th ebasis of solid evidence in hand with the petitioner. Courts do not interfere with the administrative processes until some injustice happens due to non compliance of prescribed rules. Right now, rules are in favour of the action of the management to curtail your susbsistence allowance or to change headquarter during suspension, as they are well within their right to do so.
However, if you have not at all been paid any percentage of your salary, as subsistence allowance, for any part of your suspension period, you are entitled to claim that, as the company cannot stop subsistence allowance permissible under the provisions of rules.
kavksatyanarayana
(Expert) 04 August 2016
AS per AP government rules the subsistence allowances may be reduced or increased and any criminal case is pending, the subsistence allowances cannot be increased. And you should attend enquiry, otherwise in most of cases the enquiry officer closes the report that you are not attending and hence it will treated that you have nothing to defend and action will be taken as per available record/material. so please follow rules of your organisation.
srinivasan J
(Querist) 04 August 2016
thank you dhingra sir. my query is not about attending the inquiry. i am now stationing at AP only and I am attending their inquiry with TA DA . no issues in that.
My unpaid period of april 2014 to march 2014. in which period I was at MP and not in AP as per their order but , I was challenging this issue with high court. I am expecting salary for these periods. am I correct in claimming these unpaid allowances. I need assistance in this point only.
Guest
(Expert) 05 August 2016
Mr. Srinivasan,
My reply was in entirety of the situation you described, not merely for subsistence allowance.
You have the right to approach the appropriate forum to claim your salary or the subsistence allowance, provided you have sufficient material to reveal that the management was reluctant to pay you in spite of your formal requests for which you have not made any description whether you have made any correspondence with the management and their response.
Even otherwise also, your claim for salary/ subsistence allowance cannot be forfeited, excepting if employed elsewhere during your suspension period.
malipeddi jaggarao
(Expert) 05 August 2016
What is the company? Public Sector? The High Court direction to the company is to give allowances as per rule. What is the rule position? If the company violated the rule position you can file contempt petition in the same High Court for implementation of its judgement.
Rajendra K Goyal
(Expert) 05 August 2016
Agree with the advice from expert P S Dhingra.
Kumar Doab
(Expert) 05 August 2016
Experts have duly illustrated.
You can benefit from the advise of experts.
P. Venu
(Expert) 05 August 2016
This query was posted earlier also, thoughin a different hue. It appears you are not fully honest with facts. Please disclose the relevant facts in entirety so that we can give meaningful suggestions.
Admittedly, a criminal case against you is the root cause. How that matter stands now?
