subsistance allowance to suspended govt employee
P J Jadhav
(Querist) 14 September 2010
This query is : Resolved
I wish to know about case laws reagarding minimum subsistance allowance paid to Govt employee under suspension. Whether this allowance can be lowered below 50 percent of monthly pay
s.subramanian
(Expert) 14 September 2010
No.It cannot lowered below 50 percent.
P J Jadhav
(Querist) 15 September 2010
THANKS.
I WILL BE OBLIGED IF A CASE LAW IS MENTIONED.
Amita Chaudhary
(Expert) 16 September 2010
the rule which specifies it as reproduced for your reference
4. Subsistence allowance during suspension.- (1) A member of the Service under suspension or deemed to have been placed under suspension by the Government concerned shall be entitled to receive from that Government:-
4(1)(a) a subsistence allowance at an amount equal to the leave salary which a member of the Service would have drawn if he had been on leave on half-average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary;
Provided that where the period of suspension exceed 11three months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowancefor any period subsequent to the period of the first three months as follows:
(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if, in the opinion of the said authority, the period of suspensions has been prolonged for reasons, to be recorded in writing, not directly attributable to the member of the Service ;
(ii) the amount of the subsistence allowance may be reduced by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing directly attributable to a member of the Service ;
(iii) the rate of the dearness allowance will be based on the increased or, as the case may be, the reduced amount of subsistence allowance admissible under sub-clause (i) or sub-clause (ii) above.
4(1)(b) any other compensatory allowance admissible from time to time on the basis of pay of which a member of the Service was in receipt on the date of suspension, subject to the fulfillment of other conditions laid down for the drawal of such allowance."
4(2) No member of the Service shall be entitled to receive payment under sub-rule (1) unless he furnished a certificate that he is not engaged in any other employment, business, profession or vocation.
4(3) The authority to grant subsistence allowance shall be the suspending authority.
