STATE OF KERALA Vs. ROSILY

JUDGEMENT

(1.) The State has filed this original petition challenging an order issued by the Kerala Administrative Tribunal. The primary issue addressed by the Tribunal is whether the respondent, a government employee, is entitled to receive full pay and allowances for the duration of her suspension from service. The period in question spans from October 2, 1998, to January 15, 2006.

(2.) The respondent, while working as a Physical Education Teacher was arrested by Police on registration of a criminal case. The arrest was made on 02/10/1998. Following the arrest, the respondent was placed under suspension. She was acquitted on the benefit of doubt vide judgment of the Sessions Court on 20/06/2005. Thereafter, the respondent was reinstated in service on 16/01/2006. The period of suspension till reinstatement is the subject matter of the dispute. The respondent claimed full pay and allowances. That was rejected by the Government referring to Rule 56B(3) of Part I of Kerala Service Rules, 1956 (KSR). The Government regularised the above period as a duty for all purposes except for pay and allowance.

(3.) There were no disciplinary proceedings. The question in this case is more of an interpretation of the relevant rule and applicability of such rule governing the matter. Rule 56B of Part I of KSR deals with the power of the competent authority to order reinstatement and allow or reject pay and allowances to the government servants. Rule 56B(1) refers to a situation where such a government servant retires from service before the conclusion of the disciplinary proceedings. Rule 56B(2) refers to the situation in which the government servant who is under suspension dies before the disciplinary, or court proceedings instituted against him are concluded.