UNION OF INDIA Vs. R K CHOPRA

JUDGEMENT

(1.) (ORAL)THE Petitioner is aggrieved by an order dated 4th August, 2006 passed by the Central Administrative Tribunal, Principal Bench in OA No. 29/2006.

(2.) THE question involved in this case is rather narrow. The Respondent was placed under suspension and during the period of his suspension the 5th central Pay Commission Report was implemented. The question for consideration is whether the subsistence allowance due to the Petitioner would increase as a result of the implementation of the 5th Central Pay Commission Report or not.

(3.) BY the impugned order, the Tribunal has answered the question in favour of the Respondent and enhanced the subsistence allowance to the Respondent on the basis of the upward revision in the pay-scale. The Tribunal relied upon a decision of a larger bench of the Tribunal in the case of J. S. Kharat v. Union of India and others, 2002-02 (CAT) Full Bench Judgments 169. We may note that the decision of the Tribunal in the case of J. S. Kharat has been accepted by the union of India.