Salary & other benefits related to salary after revocation of suspension

NAYAK MAFATLAL GORDHANDAS (Querist) 07 July 2012 This query is : Resolved
Sir,
I was placed under bias/prejudice minded suspesnion from 25/11/2009.
Suspension was revocked on 06/05/2011.
I was paid subsistance allowance during suspension. Penalty is declared by the Disciplinary Authority on 26/06/2012 wherein stated that period of suspension is treated "not on duty" and so no salary and other benifits will be paid.
It is general rule that after revocation of suspension, difference of salary during suspension must be paid by the institution in which the employee work.
Please guide me in matter.
What to do to get the difference of salary of suspension period?

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Guest (Expert) 07 July 2012
Difference of salary depends upon the suspension period being treated as duty for all purposes, or otherwise, if the suspension is declared as void or illegal by the order of the court.

H. S. Thukral (Expert) 07 July 2012
If there is implied term of contract that the employer can suspend the employee and effect of suspension on wages, then the rule shall be given effect to. if there is no implied term of the contract, the employer has no power to suspend and employee is entitled to full wages during the period of suspension. In some cases the employee is asked to come to office and mark attendance, then too the employee shall be entitled to full wages.

Sudhir Kumar, Advocate (Expert) 19 September 2012
More facts are given on new thread at

http://www.lawyersclubindia.com/experts/payment-of-salary-of-suspension-period-after-revocation-of-suspension-339511.asp

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