Provision of subsistence allowance

Subsistence allowance is paid during suspension.  It appears you were given discharge orders which were not accepted by Tribunal.  Hence the proceedings itself is ultravires and for that reason you are eligible for full salary from the date of discharge till the date you rejoin now.  Apply to relevant officer of government along with CAT order to reinstate you service.  This does not mean that they have no right to re-initiate disciplinary proceedings.  What CAT order said was that the procedure of giving reasonable opportunity was not followed by the government before discharge order was issued.  Hence you are deemed to be in employment by virtue of the CAT order for the period you are discharged.  Now for initiation of fresh proceedings in terms of the directions of CAT order, the Government may re-instate you service or pay subsistence allowance from the day new proceedings are initiated passing suspension orders.  But till the date of passing of suspension orders you are eliigible for full pay because you are discharged without following the procedure established by law or in other words without following rules of natural justice.  It may also be possible that the governmnt may decide not to re-initiate proceedings if it believes they are not necessary or yield no result. 

What is the meaning of staking claim....you should know better.

Respected Chandrasekhar ji,

Thanks a ton for your valuable suggestion......

I will be highly obliged if you can suggest the relevant service rules/fundamental rules available for the cause above....

Thanks & regards...

with the limited wordings of CAT order shown here, it seems that thecourt has quashed discharge and not suspension.

Respected All,

Please suggest:-

I asked the department about the implementation of the directions in the CAT order. They told me to file a writ against it in High Court.  My Queries are: -

1. What will be the procedure followed by the department?

2. Is there any provision as per law that they can let me join first and put me in suspension till the pendency of the matter in court?

3. If not, then is there any provision for me to ask for some special or subsistence allowance till the pendency of the matter in court?

Please guide me with your valuable suggestions.....

Thanks and Regards....

1. What will be the procedure followed by the department?

If thedeptt is not willing to implement the CAT decision then it is deptt which should file write in High Court and not you.  All you have to do is to file Contempt Case in CAT.

2. Is there any provision as per law that they can let me join first and put me in suspension till the pendency of the matter in court?

Yes.

3. If not, then is there any provision for me to ask for some special or subsistence allowance till the pendency of the matter in court?

query is not clear.

Respected All,

I have respectfully submitted and got stamped received copy the "Reporting on duty" application in the department and enclosed the copy of CAT order.

Department's administrative official told me that you will be sent the reply of the same.

In this situation Please suggest what should i do till then

Q1: - Is it advisable for me to sit in the office premises?

Q2: - if i do as asked in above question then can the department stop me to do so?

Thanks and Regards

Ifdeptt is not obeying the CAT order you have to file contempt petition

consult your layer with full papers.

Repsected Sudhir ji...

Due to lack of funds available with me, i am unable to afford a lawyer at this stage. So i have left with no other option but to pursue the matter on my own.

Kindly guide me .........

Q1: - Is it advisable for me to sit in the office premises?

No.  It is not advisable, it is unnecessary adventurism and gives another arm to your employer to initiate another proceeding with a fresh cause which will add to your existing troubles.  In fact it is illegal.  Nothing more to say on that.

Q2: - if i do as asked in above question then can the department stop me to do so?

Yes.  They can certainly stop because, the higher authority must give you acceptance.  But you can formally ask them to give reasons in writing (you too must ask them to give reasons in writing not orally...handover the letter personally and take signature on the copy of it having received by the authority itself or by the concerned clerk of Tappal section of the department) if they do not allow you to work.  If they do not give those reasons in writing you have to write the same in Contempt Petition that despite having CAT order they have not allowed me to join service and despite asking them to give reasons for not allowing me to join they have not given the reasons.

You can go for Contempt petition anytime after the department refused to allow you join service as per directions of CAT.

 If they tell you to go to High court to file a Writ Petition, ask them to convey the same in writing, so that you can file it with High court as permission granted by employer to file Writ Petition in HC. File that letter as an annexure.  HC will do good to your bosses and to you.

Just joking.  Actually it is not their business to convey which court you should approach.  They can only say, "we refuse to allow you....you can do whatever you want" or even say "go to court".  Filing a Writ Petition in HC is not allowed till all remedies are exhausted.  There are exceptions to it which are not applicable to your case.  But the point is it is not for them to decide which court you should approach.  It is the duty of lawyer who peruses your case.

Originally posted by : InSearchJustice
	Repsected Sudhir ji... Due to lack of funds available with me, i am unable to afford a lawyer at this stage. So i have left with no other option but to pursue the matter on my own. Kindly guide me .........

Since you are sacked without subsistance allowance and judgement not implemented you have a good case and can approach legal services authority for free legal aid.