SC directive on subsistence allowance to suspended staff

New Delhi: The Supreme Court has ruled that a government employee under suspension is not entitled to subsistence allowance on the basis of a revised pay scale if the disciplinary action against him or her has been taken before the revision.

A bench of Justices R V Raveendran and K S Radhakrishnan in a judgement said the suspended employee is entitled to subsistence allowance on the basis of a revised pay scale if the suspension had taken after the revision. 

Interpreting rule Note 3 to Rule 7 of the Revised Pay Rules and FR 53(1)(ii)(a) and Office Memorandum dated 27th August, 1958 of the Union of India, the apex court said the rule is clear that if the revision of pay takes effect from a date prior to the date of suspension of a government servant then he/she would be entitled to benefit of increment in pay and in the subsistence allowance for the period of suspension.

"But if the revision of scale of pay takes effect from a date falling within the period of suspension then the benefit of revision of pay and the subsistence allowances will accrue to him only after reinstatement depending on the fact whether the period of suspension is treated as duty or not," Justice Radhakrishnan writing the judgement said.

The apex court passed the judgement while upholding an appeal filed by the Centre challenging the directions passed by the Central Administrative Tribunal and the Delhi High Court to pay subsistence allowance to R K Chopa, a suspended employee of the Ministry of Commerce and Industries.

PTI

India to step up R&D expenditure

HYDERABAD: Despite the global meltdown, India was all set to increase the expenditure on research and development from one per cent of the Gross Domestic Product (GDP) to two per cent in the coming five years, Minister for Science and Technology Prithviraj Chavan told reporters here today. The minister was in town to inaugurate a new Structural Biology facility comprising X-ray crystallography at the Centre for Cellular and Molecular Biology (CCMB) funded by the Council of Scientific and Industrial Research (CSIR).Addressing a gathering of reporters, Chavan, who is also vice-president of CSI R, said: ``Some of the crucial areas that CSIR is all set to focus on are climate change, affordable health care, non-fossil energy, water security, national security and inclusive development with appropriate technology.’’ The minister also said that under a new scheme, INSPIRE (Innovation in Science Pursuit for Inspired Research), bright young minds would be handpicked and nurtured so that they pursue research in science and technology. He also pointed out that the growth rate of scientific output of the country determined by publications was 12 per cent as compared to the global growth rate of four per cent.``We have broken into the top ten and by next year could well move up to ninth place,’’ the minister remarked.Speaking on the occasion, CCMB director Dr Mohan Rao said the new facility would help the institute immensely.``Earlier, this facility was available only in select institutes across the globe. Now, with this state of the art facility, we will be able to pursue research in molecular biology without a hitch,’’ he said.Responding to a query, the CCMB director said they would do their best to take forward the nearly Rs 1000-crore Translational Research project but as of now were still in the process of procuring land for the project.

Courtesy: Express

Indian Citation Index

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