CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Original Application No. 040/00080/2024 HON’BLE MR. M.L. SRIVASTAVA, ADMINISTRATIVE MEMBER Sri Bishnu Prasad Rabha (56 years), S/o Late Kamaleswar Rabha, Presently working as the Upper Division Clerk (Under Suspension), Kendriya Vidyalaya NEIST(RRL), Jorhat, District – Jorhat, Assam, Pin – 785006.

Residing in the care of Rubul Gogoi, Kalyanpur, Pulibor, P.O. RRL Jorhat, P.S. Pulibor, District – Jorhat, Assam.

…..Applicant -V/s-

1. Kendriya Vidyalaya Sangathan, Through the Joint Commissioner(Administration), 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi – 110016.

2. The Commissioner, Kendriya Vidyalaya Sangathan, 18 Institutional Area, Saheed Jeet Singh Marg, New Delhi – 110016.

3. The Deputy Commissioner Kendriya Vidyalaya Sangathan, Regional Office, Tinsukia, Campus of Kendriya Vidyalaya, O.I.L., Duliajan, District – Dibrugarh, Assam, Pin -786602.

4. The Deputy Commissioner, Kendriya Vidyalaya Sangathan, Regional Office, Jawahar Nagar, NIPCCD Road, Khanapara, Guwahati – 781022, Assam.

……. Respondents Advocate for applicant: Sri B. Chakraborty assisted by Sri D. Goswami Advocate for respondents: Smt. R.S. Choudhury, KVS Counsel Date of Hearing: 05.03.2025 Date of Order: 12.06.2025

ORDER

PER MR. M.L. SRIVASTAVA, MEMBER(A):

The instant O.A. has been filed by the applicant seeking the following relief(s):

“It is therefore prayed that Your Lordships may be pleased to admit this application, call for the entire records of the case, ask the respondents to show cause as to why the action of the authorities in continuing the applicant under suspension for more than 9 (nine) years should not be set aside and quashed and as to why the applicant should not be reinstated in service and as to why the subsistence allowance of the applicant should not be enhanced to 75% of the salary drawn by the applicant at the time when he was placed under suspension and dearness allowance accordingly with effect from 01.07.2015, i.e when the applicant had completed 3 (three) months of continuous suspension and as to why the arrears with regard to the same should not be paid to him with effect from the said date and after perusing the causes shown, if any, and after hearing the parties, be pleased to direct the respondents to-

(i) Re-instate the applicant back in service;

(ii) Enhance the subsistence allowance of the applicant to 75% of the salary drawn by the applicant at the time when he was placed under suspension with effect from 01.07.2015, i.e., when the applicant had completed 3 (three) months of (iii) Enhance the dearness allowance of the applicant accordingly.

(iv) Pay the arrears due to the applicant in that respect with effect from 01.07.2015;

(v) Any other order/orders that Your Lordships deem fit or proper.

2. As per the applicant, he has been working as an Upper Division Clerk (now re-designated as Senior Secretarial Assistant) at Kendriya Vidyalaya, NEIST (RRL), Jorhat. The applicant is agitating against the action of the authorities in continuing him under suspension for more than 9 long years and also not enhancing his subsistence allowance and dearness allowance as per proviso(i) and (iii) to F.R. 53 (1) Part-I of the Fundamental Rules even after placing him under continuous suspension for more than 9 years since 04.03.2015 without holding any departmental proceeding against him and also paying his subsistence allowance as per revised pay and also not responding to the various representations submitted by him, the last one being on 23.02.2024, in that regard. While working on the post of Senior Secretarial Assistant at Kendriya Vidyalaya, NEIST(RRL), Jorhat, the Respondent Authorities contemplated a departmental proceeding against the applicant and in contemplation thereof, the applicant was placed under suspension vide Order dated 04.03.2015 issued by Respondent No. 3. Thereafter, vide Memorandum dated 12.03.2015, departmental proceedings was initiated against the applicant. Being aggrieved w