provision of subsistence allowance


Respected All

Please suggest and guide me on the provision (if any) of subsistence allowance in my case, the brief proceedingsis as under:

1. My services were discharged in terms of provisions contained in Govt. of India, DOPT. OM. No. 11012/7/91-Estt. (A) dated 19th May, 1993 under rule 11 of CCS (CCA) Rules, 1965, with immediate effect vide discharge order dated 27th February, 2014.

2. The impugned order has been quashed and set aside by CAT vide order dated 21st November, 2014, with directions as

"THE MATTER IS REMITTED BACK TO THE RESPONDENTS AND IF THEY BELIEVE TO PROCEED FURTHER THEN THEY HAVE TO GO ACCORDING TO THE PROCEDURE LAID DOWN UNDER THE 1965 RULES BY GIVING AN OPPORTUNITY TO THE APPLICANT TO STAKE HIS CLAIM AND THEREAFTER THE RESPONDENTS SHALL PASS ORDER ACCORDING TO LAW. WITH THESE DIRECTIONS THE OA STANDS DISPOSED OF. NO COSTS "

The Department has not yet informed me anything in respect to the CAT order above.

Kindly suggest

  1. The deemed status of my service at this point of time
  2. Any provision of subsistence allowance in this matter

Please ask if any other detail is required for answering my query.........

Waiting for your valuable suggestions....

Thanks and regards......

 
Reply   
 
Advocate

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. 

 
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Advocate

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

 
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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...

 
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Dy Director

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

 
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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....

 
Reply   
 
Dy Director

 

 

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.

 
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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

 
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Dy Director

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

 
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Respected Sudhir ji Thanks for your advice.... kindly suggest me when it will be fit to file contempt as the said order was pronounced on 21.11.2014 and I received the certified copy of the same on 24.11.2014.
 
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