Payment of subsistence allowance.
Isaac Gabriel
(Querist) 19 September 2012
This query is : Resolved
The employer suspends an employee in the verge of his superannuation.Paid subsistenece allowance for one month,and thereafter he attains the age of superannuation.But the enquiry continues for five years after superannuation.But subsistence allowance was not given.and the suspension was also not revoked either till the completion of enquiy Can he claim subsistenced allowance till the completion of enquiry after superannuation?.The management has not yet revoked the suspension either.
Sudhir Kumar, Advocate
(Expert) 19 September 2012
Who is the employer?
This fact will be vital.
If it was Govt employee he was entitled to interim pension. No commutation/leave encashment,gratuity.
If private/PSU employee subscribing to EPF then pension.
Either way he would have got PF.
Either wasy there is no claim of subsistance allowance after retirement.
K.K.Ganguly
(Expert) 20 September 2012
Sustenance allowance is provided for survival of the employee when salary is not paid to him due to suspension.
After superannuation he does not get salary,so the question of sustenance allowance in lieu of salary does not arise.
He is entitled to pension after attaining superannuation.
Sudhir Kumar, Advocate
(Expert) 20 September 2012
slightly disagreeing withe Mr Ganguly.
If Govt employee he is not entitled to any pension only interim pension will be there if he is suspended or chargesheted on the date of retirement.
If PSU/private subscriber of EPFO then pension will be there.
Isaac Gabriel
(Querist) 30 May 2014
He is not a Government servant.He is also not a subscriber to EPFO. He is an employee of cooperative Society.Not eligible for pension.He was due for retirement in April2004.But suspended in March 2004 Subsistence allowance. was paid for April2004.only.The suspension was not revoked.But
relieved from the society in December 2013 after the enquiry is over.Now can he claim subsistence allowance from May2004. to 2013.
Isaac Gabriel
(Querist) 21 February 2018
The subsistence allowance after his superannuation from May 2004 to 12/2004 ie till the date of finalization of disciplinary roceedings has been allowed by the competent authority.
