The petitioner, suspended in November 2018, challenged the non-payment of subsistence allowance. The Court directed respondents to release arrears and ensure future payments within 90 days.
Respondents directed to release subsistence allowance arrears and ensure future payments within 90 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-1-
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (S) No. 972 of 2021
1. Deepesh Kumar Pandey S/o Ramnath Pandey, Aged About 39 Years R/o Sai Mandir Chowk, Village Badi Koni, Post ITI Koni, Tahsil And District Bilaspur (Chhattisgarh).
Versus
1. State of Chhattisgarh Through Secretary, Department of Higher Education, Mahanadi Bhawan, Mantralaya, Nava Raipur, District Raipur Chhattisgarh.
2. Director, Directorate of Higher Education, Nava Raipur, District Raipur (Chhattisgarh).
3. Additional Director, Directorate of Higher Education, Nava Raipur, District Raipur Chhattisgarh.
4. Principal, Thakur Chhedi Lal Government Post Graduate College, Janjgir, District Janjgir Champa (Chhattisgarh)
---Respondents
| For Petitioner : |
Shri Satish Gupta, Advocate. |
|---|---|
| For Respondent State : |
Smt. Hamida Siddique,Dy. A.G. |
Hon'ble Shri Justice P. Sam Koshy Order on Board
08.03.2021
1. The only grievance that has been raised by the petitioner in the present writ petition is the non releasing of the subsistence allowance to the petitioner inspite of fact that the petitioner has been placed under suspension from November, 2018 onwards.
2. Under the service regulations governing the field, the moment employee is placed under suspension, he is entitled for subsistence allowance till the suspension order is either revoked or departmental enquiry is finalized. According to the petitioner right from 12.11.2018 the petitioner has been placed under suspension and has not received any subsistence allowance.
3. Given the said facts and circumstances of the case, the writ petition at this juncture stands disposed of directing the respondents No.2 to 4 to immediately ensure that subsistence allowance which has not been
-2-
released to the petitioner till now shall be released forthwith and also ensure that further payment of subsistence allowance should not be discontinued till suspension is in force.
4. The writ petition accordingly stands disposed of. It is expected that the respondents shall take a decision ensuring that entire amount payable to the petitioner is released within a period of 90 days from the date of receipt of copy of this order.
Sd/(P. Sam Koshy) Judge
inder
2 issues framed by the court
Whether a suspended employee is entitled to subsistence allowance from the date of suspension until the enquiry is finalized.
Whether the respondents are directed to release the arrears of subsistence allowance and ensure future payments.
Deepesh Kumar Pandey
State of Chhattisgarh Through Secretary, Department of Higher Education
Director, Directorate of Higher Education
Additional Director, Directorate of Higher Education
Principal, Thakur Chhedi Lal Government Post Graduate College
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
