CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH O.A. No. 220/2026 With M.A. No.305/2026 New Delhi, this the 21st day of January, 2026 Hon’ble Mr. Sanjeeva Kumar, Member (A)

Dr. Nikhil Verma, S/o Sh. Shyam Lal Verma, R/o Tower 10/10 B, Puri Anand Villas, Sector 81, Near VIP Floor, Faridabad, Haryana-121002.

Presently working as Assistant Professor, ESIC Medical College Faridabad, NIT-3, Faridabad, Haryana.

….Applicant (By Advocate: Mr. Prateek Handa)

Versus

1. Employees’ State Insurance Corporation, Through its Director General, Panchdeep Bhawan, Comrade Indrajeet Gupta Marg New Delhi -110 002.

2. Chairman, Employees’ State Insurance Corporation, Ministry of Labour and Employment, Shram Shakti Bhawan, Rafi Marg, New Delhi-110001.

…Respondents (By Advocate: Mr. Amit Chawla)

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20 A 2 R ORDER (ORAL)

In the instant OA, the applicant is seeking the following relief(s):

“ (i) Issue an appropriate direction or order directing the Respondents to release the subsistence allowance w.e.f. 08.08.2025 to 03.11.2025 equal to the leave salary of the Applicant's/ half average pay/ half pay;

(ii) Issue an appropriate direction or order directing the Respondents to release the subsistence allowance w.e.f. 04.11.2025 equal to the leave salary of the Applicant / half average pay/ half pay plus 50%

thereto in terms of FR 53 (1) (ii) (a) (i);"

2. Learned counsel for the applicant submits that the applicant joined the respondents on 09.12.2009. A team of respondents visited the ESIC Hospital, Faridabad on 01.08.2025 and inspected the various files of the hospital w.e.f 01.08.2025 to 07.08.2025. Subsequent to the said inspection, around 11 doctors and pharmacists, including the applicant, were issued suspension-cum-transfer order dated 08.08.2025. In the case of the applicant, the respondents issued order dated

25.09.2025 by way of which he was suspended.

3. Aggrieved by the said suspension order, the applicant preferred an Original Application No.3123/2025, wherein the Tribunal passed the following order dated 19.08.2025 (Annexure A-5) protecting the applicant:

“ 4. In light of the aforesaid facts and circumstances, with the consent of the learned counsel for the parties and without going into the merits of the case, the present O.A. is disposed of with a direction to the competent authority amongst the respondents to consider the applicant's aforesaid pending representation dated 12.08.2025 (Annexure A-4) and dispose of the same by passing a reasoned and speaking order, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a certified copy of this order. It is further directed that the respondents shall not give effect to the impugned KARANK

20 A 2 R order dated 12.08.2025 to the extent of change of Headquarters from Delhi to Indore (Madhya Pradesh) for three days beyond service of the order passed by the respondents on the aforesaid pending representation.”

Subsequently, the respondents issued an extension of suspension order dated 04.11.2025.

4. The learned counsel for the applicant submits that the applicant has constantly preferred representation seeking subsistence allowance. However, the respondents have neither granted the same nor have disposed of representation preferred by the applicant.

5. Learned counsel for the applicant submits that the applicant will be satisfied, if his latest representation dated 06.01.2026 is disposed of in the light of DoPT’s OM dated 04.11.2022 captioned “Suspension” “Pay and allowances during the suspension period” which reads as follows:

“ (J) PAY AND ALLOWANCES DURING THE SUSPENSION PERIOD SUBSISTENCE ALLOWANCE:

A Government servant under suspension is not paid any pay but is allowed a Subsistence Allowance at an amount equivalent to the leave salary which the Government servant would have drawn if he had been on leave on half average pay or half pay and in addition dearness allowance, if admissible on the basis ofsuch leave salary.

Where the period of suspension exceeds 3 months, the