Rambabu Sharma Vs. State and ors.

Rambabu Sharma vs State and ors.

Disposition Petition allowed Court Rajasthan Decided Sep 10, 1991

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Citation: sooperkanoon.com/766511
Court: Rajasthan High Court
Judge: I.S. Israni, J.
Decided On: Sep 10, 1991
Case Number: S.B. Civil Writ Petition No. 187 of 1990
Subject: Service
Disposition: Petition allowed

Case Summary

AI-generated summary - not the official court judgment text.

Constitution of India - Article 226--No specific order passed while suspending petitioner for with holding annual increments--Held, he is entitled to receive increment.;There is no specific order passed, while suspending the petitioner, for with-holding of his annual grade increments. Therefore, he is entitled to re...

Key legal issue: Service
Outcome / disposition: Petition allowed

Parties & Advocates

Appellant / Petitioner

Rambabu Sharma

Respondent

State and ors.

Legal References

Cases Referred: Kan Singh v. State of Rajasthan and Ors.
Reported In: 1991(2)WLN443

Excerpt

constitution of india - article 226--no specific order passed while suspending petitioner for with holding annual increments--held, he is entitled to receive increment.;there is no specific order passed, while suspending the petitioner, for with-holding of his annual grade increments. therefore, he is entitled to receive the same.;writ allowed - .....submitted that the matter is squarely covered by a decision of the division bench of this court given in kan singh v. state of rajasthan and ors. rlr 1989 (1) p. 111.3. it is submitted by mr. b.k. sharma, learned additional government advocate, that he admits this position and prays that the further prayer of the petitioner, regarding award of 16% interest, should not be allowed. there is no doubt that even during the period of suspension, which is not a punishment, the contract of service of the person suspended, continues. in fact, subsistence allowance is paid to the government servant with a view to see that he is able to maintain himself and his family, at the minimum standard in life. in kansingh's case (supra), which was also a matter of the same nature, it was held that a suspended person is entitled to the annual grade increments, during the period of his suspension and the subsistence allowances should be calculated accordingly.4. in the matter under consideration, there is no specific order passed, while suspending the petitioner, for with-holding of his annual grade increments. therefore, he is entitled to receive the same.5. in the result, the writ petition is allowed and respondents are directed to give the petitioner annual grade increments, during the period of his suspension. it is further directed that his subsistence allowance shall be calculated, accordingly. the arrears of amount shall be paid to him within a period of three months from the date of producing a copy of this order, before the concerned authorities. however, i do not find any justification for awarding interest on this amount.6. the petition is allowed, as above, with no order as to costs.

Full Judgment

I.S. Israni, J.

1. In this writ petition, it has been prayed that the petitioner is entitled to annual grade increments, during the period of suspension, which should be awarded to him.

2. It is submitted by Mr. Akhil Simlot, learned Counsel, that the petitioner was working as Lower Division Clerk (LDC), in Agriculture Department & Soil Conservation at Bikaner and was put under suspension w.e.f. September 26, 1973. It is further submitted that the matter is squarely covered by a decision of the Division Bench of this Court given in Kan Singh v. State of Rajasthan and Ors. RLR 1989 (1) P. 111.

3. It is submitted by Mr. B.K. Sharma, learned Additional Government Advocate, that he admits this position and prays that the further prayer of the petitioner, regarding award of 16% interest, should not be allowed. There is no doubt that even during the period of suspension, which is not a punishment, the contract of service of the person suspended, continues. In fact, subsistence allowance is paid to the Government servant with a view to see that he is able to maintain himself and his family, at the minimum standard in life. In Kansingh's case (Supra), which was also a matter of the same nature, it was held that a suspended person is entitled to the annual grade increments, during the period of his suspension and the subsistence allowances should be calculated accordingly.

4. In the matter under consideration, there is no specific order passed, while suspending the petitioner, for with-holding of his annual grade increments. Therefore, he is entitled to receive the same.

5. In the result, the writ petition is allowed and respondents are directed to give the petitioner annual grade increments, during the period of his suspension. It is further directed that his subsistence allowance shall be calculated, accordingly. The arrears of amount shall be paid to him within a period of three months from the date of producing a copy of this order, before the concerned Authorities. However, I do not find any justification for awarding interest on this amount.

6. The petition is allowed, as above, with no order as to costs.

Same Court & Year Rajasthan · 1991 Same Parties Rambabu Sharma vs State and ors. Same Subject Service Same Judge I.S. Israni, J.

Service