A suspended bank employee is entitled to the benefit of wage revisions after his suspension as also usual increments, and the West Bengal Payment of Subsistence Allowance Act, 1969 does not prevent a Bank from paying a subsistence allowance higher than that provided in section 3 of the Act.

INDIRA BANERJEE, J.

( 1 ) THIS writ application is directed against the action of the respondents in not fixing the subsistence allowance of the petitioner on the basis of the present revised salary that the petitioner would have got had the petitioner not been suspended from service, in terms of the Indian Banks Association circular dated 11th August, 1998.

( 2 ) BY an order dated 26th August, 1987 the petitioner was suspended from service as Chief Manager of the Old Court House Street Branch of the respondent Bank.

( 3 ) AT the time of his suspension, the petitioner was getting a salary of Rs. 2. 992. 14/- per month. The subsistence allowance of the petitioner was fixed at Rs. 1,496. 14/-, being 50 per cent of the salary that the petitioner was getting at the time of his suspension. On expiry of three months from the date of suspension, the subsistence allowance was enhanced to 75% of Rs. 2,992. 14p.

( 4 ) THE petitioner has been kept under suspension for over 16 years, tt is contended that the respondent Bank has neither reviewed the order of suspension nor revised the subsistence allowance for all these years. The petitioner has not been given the benefit of salary revisions in the meanwhile.

( 5 ) THE petitioner contends that the suspension allowance of bank employees including the petitioner is governed by Paragraph 557 of the shastri Award which set out hereinbelow : "557. Having considered the matter in all its aspects, we think that suspension allowance should be granted on the following scale:- (1) For the first three months one-third of the pay and allowances which the workman would have got but for the suspension; (2) thereafter, where the enquriy is departmental by the bank, one-half of the pay and allowances for the succeeding months. Where the enquiry is by an outside agency, one-third of the pay and allowances for the next three months and thereafter one-half for the succeeding months until the enquiry is over. "

( 6 ) A reading of Paragraph 557 of the Shastri Award makes it clear that a suspended bank employee is entitled to the requisite percentage of the salary that he would have got had he not been suspended. This means that a suspended employee would get the benefit of wage revisions after his suspension as also usual increments.

( 7 ) IT appears that Indian Banks Association issued a circular being memo No. PD/cir/76/528/586 dated 11th August, 1998 the relevant portion whereof is extracted hereinbelow :"in the meeting held on 1st June, 1998 the Personnel committee reviewed its earlier decision as above in so far as it related to workmen employees under suspension and decided that the workmen employees under suspension will be eligible to be paid subsistence allowance reckoning the revised scales of pay on account of salary revision even if the date of suspension is prior to the date of salary revision which will be in line with the decision of Madhya pradesh and Haryana High Courts relating to payment of subsistence allowance to workmen employees in Banks. Cases of workmen employees, who are under suspension and in whose case salary revision has taken place, subsequent to their suspension, may be reviewed in view of the above decision and paid arrears of subsistence allowance. However, there shall be no change in the Committee's decision dated 12th September, 1989 as regards subsistence allowance payable to officers under suspension. Member banks are requested to please be guided accordingly. "

( 8 ) AGGRIEVED by the failure of respondent bank to give the petitioner the benefit of the aforesaid circular, the petitioner moved an application under Article 226 of the Constitution of India being W. P. No. 542 of 2002 in this Court.

( 9 ) THE said writ application was disposed of by a judgment and order dated 17th April, 2003, the operative portion whereof is extracted hereinbelow :"i dispose of this writ petition by directing the respondent employer to consider fixation of subsistence allowance of the pe

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