UNION OF INDIA Vs. R K CHOPRA

JUDGEMENT

(1.) Leave granted.

(2.) We are, in this case, concerned with a claim of a Government servant for revision of subsistence allowance based on the pay revision effected by the Central Civil Services (Revision Pay) Rules, 1997 which came into force on the 1st day of January, 1996, while he was under suspension from service.

(3.) The Respondent herein was working as a Desk Officer in the Department of Industrial Policy and Promotion under the Ministry of Commerce and Industries. While so, a case was registered against him by Central Bureau of Investigation under the Prevention of Corruption Act and he was placed under suspension by the Department w.e.f. 06.06.1989 under Rule 10(2) of the CCS (CCA) Rules 1965. Subsistence allowance due to him under Fundamental Rules 53 (1) (ii) (a) was paid to him which was later enhanced to 50% vide order No. 5/7/99, dated 30.05.1991. At the time of suspension he was in the SCALE of pay of Rs. 2000-3500 and was drawing a basic pay of Rs. 2,825/-. While undergoing suspension he made a representation on 22.7.2002 for revision of subsistence allowance based on the 5th Pay Commission Report. Request was rejected by the Government of India, Ministry of Commerce and Industries vide Memorandum dated 29.10.2002 stating that a person under suspension is not entitled to draw either the increment during the period of suspension or get his pay fixed in the revised SCALE . Later he filed another representation on 05.07.2005 reiterating the same request which was replied by Memorandum dated 18.08.2005 stating that his earlier representation was already rejected. Respondent was later dismissed from service on 04.08.2005 since he was convicted by the Criminal Court vide its judgment dated 30.03.2002.