KUTCH DISTRICT PANCHAYAT Vs. J A POLLARA

JUDGEMENT

(1.) The respondent-petitioner filed Special Civil Application No.5031/97 and prayed that the respondent (present appellant) be directed to treat him as under suspension from 6.3.1980 to 31.10.1997 and to pay him the subsistence allowance at Rs.1 p.m. and further to treat him as on duty for the purpose of retiral benefits, pension, gratuity etc. and to fix and pay the same with effect from 1.11.1997 onwards. Alternatively, it is prayed that if prayer (A) is not granted petitioner-respondent be directed to pay to the petitioner the subsistence allowance at the normal rates 50% or 75% from from 5.12.1983 till further orders are passed by the competent authority as regards suspension.

(2.) From the judgment and order dated 19.12.2000 passed by the learned Single Judge (Coram : S.K.Keshote, J.) delivered in Special Civil Application No.5031/97 it clearly appears that learned counsel Mr.Supehia for the petitioner had given up the claim of the petitioner for pension and other retirementary benefits and only prayer pressed into service was for giving subsistence allowance from the date on which he was placed on suspension till the date he attained the age of superannuation to the petitioner. The learned Single Judge while partly allowing the writ petition on 19.12.2000 clearly observed in para 9 as under :-

(3.) However, learned Single Judge accepted the writ petition filed by the original petitioner regarding subsistence allowance during the suspension period from 6.3.80 till the date of his superannuation i.e. 31.10.1997 and accordingly, the learned Single Judge ordered to pay subsistence allowance under rules. This has been challenged in this Letters Patent Appeal by the appellant-Kutch District Panchayat and others.