Can Government Servants Claim Allowance for Court Depositions?

2024 0 Supreme(Ker) 916

of Re.1/- per month to a Government servant who is convicted by a competent Court and sentenced to imprisonment and whose appeal against the conviction and sentence is pending, as void as it offends Articles 14, 16 and 21 of the Constitution held that, if the civil servant under suspension, pending ... Court, and his right to get the normal subsistence allowance pending consideration of his appeal against his conviction should not depend upon the chance of his being r....

2023 0 Supreme(Mad) 2412

The respondents have justified the suspension of payment of subsistence allowance on the ground that the petitioner had been convicted by the Court of law and that he cannot seek subsistence allowance after his conviction, but the reasoning of the Honourable Supreme Court is that a civil servant should ... But, in this case, such benefit cannot be granted and subsistence allowance can be granted only till the order of dismissal from service. ... If t....

2025 Supreme(Online)(Mad) 8347

(ii) The subsistence allowance may be increased, but not exceeding 75% of the pay, if the period of suspension has been prolonged for reasons not directly attributable to the Government servant. ... Without challenging the order dated 07.11.2023, the petitioner cannot seek enhanced subsistence allowance with interest. He also submitted that since the petitioner was under suspension on the crucial date, the increment for July 2023 cannot be granted. ... (iii) The subsistence ....

2024 0 Supreme(Kar) 646

Learned AGA appearing for the petitioners vehemently argues that deputation of any kind in general and deputation for educational purpose in particular cannot be claimed as a matter of right; in any circumstance, a civil servant cannot say that even during deputation, he should be paid the salary, though ... It is relevant what the Apex Court said in ALL INDIA JUDGES ASSOCIATION v UNION OF INDIA, 2024 SCC OnLine SC 27, said Paragraph No.41 as under: “Higher Qualification Allowance41. ... Rule 9 has the....

2025 0 Supreme(MP) 518

As per clause (a) of the circular dated 8.2.1999, annexure R-2, if any Government servant has been convicted for an offence which is based on moral turpitude, then such Government servant should be terminated. It is further provided that under Rule 19 read with Rule 14 of the M.P. ... Chandrabhan Tale, reported in AIR 1983 SC 803, has held that subsistence allowance is required to support the civil servant and his family, not only during trial of criminal case started against him but a....

2025 Supreme(Online)(Guj) 12710

The grant of subsistence allowance cannot altogether be withheld." "152. ... servant- (a) a subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn If he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary: p class ... Subsistence allowance pald under this rule should be adjusted or recovered from the Gove....

At the time he entered the service of Government the appellant was fifty-nine years of age, and he is now sixty-three. The appellant receives a salary of Rs. 88 per mensem, a rent allowance of 15 per cent, of his salary, and a cost of living allowance. ...   On these facts I have no doubt that the appellant is " employed in the service of the Government " within the meaning of these words in the definition of the expression " public servant " in the Ordinance. ... of his service, can be regarded a....

Indeed, the words " salary" and " allowance " are in a sense mutually exclusive, "allowance " being something which is additional to and distinct from " salary". ... In regard to the first of these two matters, there is certainly no material here which would enable such an assessment to be made, if indeed it could be said that the privilege of occupying a Government house in consideration of the payment of a certain percentage of his salary is an allowance. ... The defendant is undoubtedly a public serva....

2024 0 Supreme(AP) 915

Such proceedings should be completed expeditiously in the public interest and also in the interest of the government servant concerned.” Further, he relied on a decision of the Hon’ble Apex Court in “Uco Bank and Others v. ... Union of India and Others, AIR 1963 SC 687”, wherein it was held as follows:- “Effect of order of suspension: An order of suspension of a government servant does not put an end to his service under the Government. ... The real effect of the order of suspension ....

2023 Supreme(Online)(Mad) 72258

But, in this case, such benefit cannot be granted and subsistence allowance can be granted only till the order of dismissal from service. ... If the civil servant under suspension, pending a departmental enquiry or a criminal trial started against him, is entitled to subsistence allowance at the normal rate which is a bare minimum required for the maintenance of the civil servant and his family, he should undoubtedly get it even pending his ... appeal filed against his conviction by th....

2021 0 Supreme(Jhk) 60

In foregoing paragraphs the charges has been declared to be unjustified; as such, the petitioner is entitled for full pay and allowance during the period of suspension. Rule 97 (2) clearly stipulates that a Government servant is entitled for full pay and allowance provided he is exonerated from the charges or his suspension was wholly unjustified. The second part is with regard to taking of decision regarding pay and allowances to the petitioner during the period of suspension.

2018 0 Supreme(SC) 808

Even the Government servant, who is dismissed or removed, is also given a window to get compassionate allowance, if the case is deserving a special consideration. A Government servant, who retires voluntarily or is compulsorily retired, is entitled to a retiring pension by virtue of Rule 42(1), which is as follows:- “42(1). A Government servant, who, under Fundamental Rule 56(d), retires voluntarily or is required by the appointing authority to retire in the public interest shall be entitled to a retiring pension.” The scheme as delineated by Chapter V of the Rules indicate....

2013 0 Supreme(Mad) 4267

Even in those cases, no government servant would get salary for the period of suspension without adjusting the subsistence allowance that was already paid for the period of suspension. But in this case, the authority did not pass order under Clause 54-B-1(3) holding that the suspension was wholly unjustified.

2007 0 Supreme(Cal) 792

The question that came up for consideration before the Honble Supreme Court in an appeal filed by the State of Assam was whether the Government servant was entitled to full pay and allowances if the Government servant was not fully exonerated. The Honble Supreme court held that it was for the Government to consider what proportion of pay and allowances was to be given to the Government servant if he was not fully exonerated and what period of absence should be treated as duty. The Honble Supreme Court also went on to hold that the respondent to a writ petition could not be ....

2005 0 Supreme(Raj) 2962

It is to be noted that a Government servant cannot engage himself in any other activity during suspension period. Certainly an order of suspension unless the departmental inquiry is concluded within a reasonable, time, affects a Government servant injuriously. The real effect of the order of suspension is that he continues to be a member of the Government service but is not permitted to work any further during the period of suspension he is paid only some allowance, generally called subsistence allowance, which is normally less than the salary instead of the pay and allowances he would have ....