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Judgment
Learned A.C. to ASGI states on written instructions that the authorities are of the view that since the petitioner has been reinstated in service only for the purposes of conducting a regular departmental enquiry as directed by this court in the judgment dated 04.02.2021 passed in W.P. (S) No. 1422 of 2016, he is not entitled to subsistence allowance.
Learned senior counsel for the petitioner submits that a letter dated 05th April, 2022 has also been served upon the petitioner in the same terms.
It appears that the petitioner has been reinstated in service pursuant to the directions passed in the writ petition for the purposes of concluding the departmental enquiry within six months. The departmental enquiry has not yet been concluded much beyond six months. Prima-facie the respondent concerned appears to be in breach of the orders passed by this Court. We do not approve the stand of the respondents in not paying subsistence allowance during pendency of the departmental enquiry.
In such circumstances, learned counsel for the respondents seeks time to obtain instruction and file an affidavit stating whether subsistence allowance is going to be paid or not to the petitioner as per the rules.
Post this case on 15.07.2022.
Affidavit be filed at least two days in advance.
Failure to file the desired affidavit within time may invite the appearance of the concerned officer on the next date.