Law: East Bengal Services Rules

Section: 71

(a) East Bengal Services Rules, r. 71-Government servant -under suspension-Grant of subsistence allowance and dearness allowance during period of suspension-Not in nature of bounty nor has any relation to salary of Government servant-Word " entitled" in r. 71-Indicates that Government servant under suspension has right to subsistence allowance and dearness allowance during period of suspension.   A Government servant, who was first suspended and later dismissed from service, was given a decree, in a suit filed by him, for recovery of subsistence allowance and dearness allowance admissible to him during the period of his suspension. The State argued before the High Court in second appeal that the employee could not claim subsistence allowance and dearness allowance because they formed part of his salary which has always been treated as bounty of State:   Held, it would be unduly stressing the concept of bounty to include in it subsistence allowance and dearness allowance. Subsistence allowance is intended for the subsistence of incumbent during his period of suspension. It is, therefore, an allowance of a very special nature. It is only when a Government servant is dismissed that he may quit assignment and take some other appointment. During the period of suspension the official is, under the law, compelled to remain in a state of suspended animation with regard to service where it is not permissible for him to seek any other kind of employment. This special kind of situation has been met by a special obligation under taken by Government to allow him to keep himself alive by way of subsistence. The very nomenclature of the allowance is clearly indicative of the status which governs the party under the situation.   The word "entitled" in rule 71 of the East Bengal Services Rules clearly indicates that this Rule gives to Government servant a legal right to the allowance. This amount is paid to the Government servant not as remuneration but as a solemn undertaking by the Government to see that its servant can, at best, keep himself alive during the period taken by the Govern ment to decide his case-whether to dismiss him or to…