SIYARAM VERMA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this writ petition under Article 226 of the Constitution of India petitioner has approached this Court with the grievance that though petitioner was put under suspension on 22.6.2007 and thereafter suspension was revoked on 11.2.2008 by the respondents but has not been paid subsistence allowance for the period, he was put under suspension.

(2.) IT is submitted that the departmental inquiry conducted against the petitioner concluded with imposition of minor penalty of withholding one annual increment without cumulative effect under rule 10 of the M.P. Civil Services (Classification, Control and Appeal) Rules. 1966. Under such circumstances, it is submitted that denial of subsistence allowance, for the period during which petitioner was put under suspension, for more than seven years up till now speaks volumes about intentional inaction and callousness on the part of the respondents in the matter of compliance of the Statutory rules in the matter of payment of subsistence allowance to the petitioner.

(3.) THIS writ petition is pending since the year 2013. More than 2 years period has passed by, the respondents have not even cared to file counter -affidavit. Under such circumstances, it is considered apposite to disposed of this writ petition with direction to petitioner to file a representation within 10 days from the date of receipt of certified copy of the order passed by this Court today seeking relief relating to subsistence allowance for the period, he was put under suspension i.e. 26.6.2007 to 11.2.2008 addressed to respondent No.3. On such representation being filed, respondent No.3 is directed to decide the same within next 30 days therefrom in accordance with law. In the event petitioner is found entitled for the subsistence allowance under the relevant rule, the same shall be paid to him along with simple interest @ 6% for the period the amount illegally held by respondents.