2002 (8) TMI 891 - SC - Indian Laws

Summary

Issues involved:
Claim for subsistence allowance during suspension period.

Detailed Analysis:

1. Background and Facts:
The appeal arises from a judgment dismissing a Letters Patent Appeal filed by the Appellant. The Appellant's husband, an Assistant in the State Co-operative Society Department, was suspended on 4th August, 1967, and passed away on 25th July, 1990, after being under suspension for the entire period. The Appellant sought payment of amounts due during her husband's employment, leading to a series of legal actions.

2. Legal Provisions and Previous Orders:
The Registrar rejected the claim for subsistence allowance, prompting the Appellant to file a Writ Petition and subsequent appeals. The High Court dismissed the Writ Petition, citing the absence of the Appellant's husband for 23 years, with only one day of presence. The relevant Rule 96 of the Bihar Service Code mandates subsistence allowance for suspended government servants.

3. Arguments and Authorities:
The Respondent cited Rule 96(2) requiring a certificate of non-engagement in other activities for subsistence allowance eligibility. They argued that the Appellant's husband did not report to the Headquarter except for one day. An authority from the Patna High Court was presented, emphasizing that attendance marking was not obligatory for suspended employees.

4. Court's Analysis and Rulings:
The Supreme Court disagreed with the Respondents, highlighting that no rule mandated attendance marking for suspended employees. Referring to a previous case, the Court emphasized that the State must request a certificate if necessary, and without such a request, the claim cannot be rejected. Another case precedent established the entitlement of suspended employees to subsistence allowance due to the employer-employee relationship.

5. Final Decision and Directions:
The Court ruled in favor of the Appellant, directing her to submit an affidavit confirming her husband's non-engagement in other activities. Upon receipt, the subsistence allowance as per Rule 96 was to be released within four weeks. The Appeal was disposed of with no costs awarded.

This detailed analysis of the judgment provides a comprehensive understanding of the legal issues, arguments presented, relevant legal provisions, court's reasoning, and the final decision rendered by the Supreme Court regarding the claim for subsistence allowance during the suspension period.