Increase in subsistence allowance on suspension from 50% to 75%

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    • #5164
      Anonymous
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      Sir I am a Assistant and posted in Haryana Govt. I was suspended in April,2018 and still not re-instated so I am entitled to get 75% substances allowance from 50% substances allowance or not

    • #5177

      Provisions relating to payment of subsistence allowance for suspended employee of Haryana Government are contained mainly in Rule 83 and Rule 84 (and a few other rules) of the Haryana Civil Services (General) Rules, 2016. These rules are reproduced at the end of this answer for your convenience.

      As per Rule 84, after 6 months of the suspension, the amount of subsistence allowance may be increased up to 75% of pay, if, in the opinion of the authority, the period of suspension has been prolonged not directly attributable to the Government employee, and these reasons have to be recorded in writing. However, if the authority considers that the period of suspension has been prolonged due to reasons that can be attributed to the employee, then after 6 months, the subsistence allowance can even be reduced up to 25% of pay.

      In your case, as you have completed 6 months of suspension, your subsistence allowance should generally be increased up to 75% of pay, if you were not responsible for delay in suspension period, i.e., for your suspension period getting prolonged.

      The above-referred rules are as under:

      83. Subsistence allowance during the period of first six months.— A Government employee under suspension is entitled to subsistence allowance at an amount equal to the leave salary which he would have drawn had he been on leave on half pay.

      Note.― The subsistence allowance shall not be denied on any grounds unless the Government employee under suspension does not furnish the certificate that he is not engaged in any other employment, business, profession or vocation during the period of suspension.

      84. Review of subsistence allowance after every six months.— Where the period of suspension exceeds six months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for the period after every six months as follows:-

      (i) the amount of subsistence allowance may be increased by a suitable amount not exceeding fifty per cent of the subsistence allowance admissible during the period of the first six months, if, in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Government employee; or

      (ii) the amount of subsistence allowance may be reduced by a suitable amount, not exceeding fifty per cent of the subsistence allowance admissible during the period of the first six months, if, in the opinion of the said authority, the period of suspension has been prolonged due to reasons to be recorded in writing, directly attributable to the Government employee.

      Note 1.─ The initial grant of subsistence allowance shall be payable at an amount equal to leave salary on half pay leave. In the event of any alteration in subsistence allowance under clause (i) or (ii) of this rule, the increase or decrease shall be calculated on the amount of subsistence allowance initially fixed and shall not be subject to any maximum limit.

      Note 2.─ It is obligatory under this rule in sufficient time before the expiry of the six months of suspension the competent authority shall review each case in which the period of suspension is likely to exceed six months and even if it comes to the conclusion that the rate is not to be altered having regard to all the circumstances of the case. Specific orders to that effect are to be passed placing on record the circumstances under which the decision had to be taken. Such review shall be made at least on every six months and specific orders are to be passed for increasing or decreasing or not altering of the subsistence allowance.”

           


      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.

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