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Judgment
ORDER
Per Hon’ble Mr. M.S.Latif, Member (Judl.):- Through the medium of the instant O.A., the petitioner seeks for a direction upon the respondents to release the subsistence allowance in favour of the applicant as provided under Article 108-A of the J&K CSR as applicable to the applicant.
Learned Sr. Counsel submits that he would be satisfied if the O.A. is disposed of at this stage. He submits that vide order bearing no. CEO/A/IMW/92772-73/24 dated 30-01-2024, the petitioner was placed under suspension by the Chief Education Officer, Anantnag. He submits that from the date of his suspension, the subsistence allowance has not been released in his favour. He further submits that the petitioner has already submitted a detailed application before the competent authority on 23-02-2024 for release of his subsistence allowance.
The short grievance of the petitioner is that despite having represented before the respondents, his subsistence allowance has not been released.
Law is no more res integra that payment of subsistence allowance in accordance with the rights of an employee under suspension is not a bounty. It is the right of an employee where he is entitled to be paid his subsistence allowance in accordance with the rules.
In this view, I am fortified by the judgment of the AIR 2000 SC 2806 titled as Jagdamba Prasad Shukla versus State of U.P.
Heard learned counsel for the parties.
The petition is accordingly disposed of by providing that the respondents will consider the release of subsistence allowance of the petitioner in accordance with the rules and the law laid down by the Apex Court in the judicial pronouncement, referred above.
With this O.A./270/2024 is disposed of accordingly.