Yes, the suspension period for which subsistence allowance was paid by the Government has to be included for counting of the qualifying service for eligibility for pension.
In this regard, it may be pointed out that in the case of Bibhuti Bhushan Chaudhary v. Union of India, (1997) 11 SCC 373, the Supreme Court held that:
“Having regard to the fact that the petitioner has been paid the subsistence allowance for the period of suspension, the said period of suspension could not be excluded from the qualifying service for the purpose of computing pension of the petitioner and the pension payable to the petitioner should be calculated by taking into account the said period of suspension as part of his qualifying service. It is, therefore, directed that the petitioner is entitled to count the period of suspension as part of his qualifying service for the purpose of computing the pension payable to him.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
