ORDER

16.10 .2026

On the request of the learned Standing Counsel, Elementary Education the matter was deferred on the last date enabling him to furnish the instructions.

Today when the matter is called up, Mr. B. Kaushik, learned Standing Counsel, Elementary Education has placed before the Court the written instructions received, which however, does not throw any light as to whether any departmental proceedings have been initiated against the writ petitioner and whether any review was undertaken by the authorities.

What is noted, is that the enhancement of subsistence allowance from50% to 75% could not be allowed in respect of the writ petitioner for non submissions of application for enhancement.

No reference to any Office Memorandum or notification has been made, which requires an application to be submitted by the Government Employee for enhancement of the subsistence allowance.

In the absence of any such notification being contemplated under a plain reading of Rule 6 of the Assam Services (Discipline and Appeal) Rules, 1964, it does not appear to the Court that any application is required to be Under such circumstances, this Court directs the respondent authorities to permissible in law.

Purely for the ends of justice, this Court permits further time to the respondents to apprise the Court on the next date of listing as to whether any Departmental proceedings have been initiated and/or whether the suspension was reviewed.

Matter be listed again on 02.11.2026.

In the event, the instructions are not placed before the Court then this Court will proceed to pass orders on the basis of the pleadings available on record.