Naresh vs Chairman And Others

Sunil B. Shukre, J

Heard Mr. Deshpande, learned Counsel for the Petitioner, Mr. Rao, learned AGP for the Respondent No.1 and Mr. Anjan De, learned Counsel for the Respondent No.2.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

Since the Petitioner has been dismissed from service with effect from 21/9/2022, the first prayer challenging the suspension order does not survive. Similarly, the second prayer regarding permitting the Petitioner to join the service also does not survive. The only prayer that survives now is about entitlement of the Petitioner to receive the arrears of subsistence allowance.

It is the contention of the Petitioner that barring the period from January-2022 to August-2022, the Petitioner has not been paid any subsistence allowance with effect from 1/7/2020 till the date of filing of the Petition i.e. 19/2/2022. This contention of the Petitioner has been controverted and disputed by the Respondent – Corporation. It is submitted that the Petitioner was not paid any subsistence allowance during the period from 28/6/2020 till 3/11/2021, because he was under detention and jail custody on account of registration of offence against him under Section 3 of Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 and also under Sections 420, 406, 409, 411, 467 read with Section 120(b), 201, 506 read with Section 34 of the Indian Penal Code.

It is further stated in the reply that the Petitioner has been paid suspension allowance from 3/11/2021 till 31/12/2021. In addition to these submissions, the Petitioner admits that he has already received subsistence allowance during the period from January-2022 till August-2022. The only disputed period relates to the one between 3/11/2021 and 31/12/2021.

If this being the position, we are of the opinion that the Petition can be disposed of issuing suitable directions.

We direct the Respondent No.2 to again verify the factual position and if it is found that no subsistence allowance has been paid to the Petitioner during the period from 3/11/2021 till 31/12/2021, it may be paid. But, if it is found to have been paid, the direction so given under shall be ignored.

If the amount of subsistence allowance for the period between 3/11/2021 and 31/12/2021 is perceived by the Petitioner to be due and payable to him by the Respondent No.2, the Petitioner shall have liberty to file civil suit for recovery of the same, keeping all questions open. Writ Petition is disposed of accordingly.

Rule is made absolute in above terms No costs.