KANAYA LAL KOUL Vs. STATE

JUDGEMENT

(1.) IN this writ petition it had been claimed that the petitioner was suspended some time back but has not been paid subsistence allowance as required under rules. A notice for admission was issued and the objections have been filed by the respondents.

(2.) IT appears that as required under rule 108 (a) of the J&K C. S. Rs, it was incumbent on the petitioner to furnish the requisite certificates as envisaged under rules and on submission of such certificates alone the subsistence allowance could be released in favour of the petitioner. The case of the respondents was that the subsistence allowance in favour of the petitioner has been released for such period for which he furnished the requisite certificates. As it was incumbent on the petitioner to which he appears has not done the respdts. were within their powers to withhold the subsistence allowance in his favour. The petitioner may furnish the requisite certificate if he so desires and the respdts. may issue fresh orders with regard to the release of the subsistence allowance in his favour. But this order should not be treated as a direction to the respdts. to release the subsistence allowance in favour of the petitioner under all circumstances. The petition is not admitted and is disposed of in time.