Srinagar, Jan 3: A government servant under suspension is entitled to subsistence allowance as a “matter of right”, and the same is not a benevolent concession to him or her by the employer, the Central Administrative Tribunal (CAT in Srinagar has said.
“A Government servant who is placed under suspension is entitled, as a matter of right, to subsistence allowance from the date of suspension. Such subsistence allowance, for the first six months of suspension, is payable at the rate of half pay along with admissible allowances, including proportionate medical allowance,” a division bench of M S Latif Member (J) and Prasant Kumar Member (A) said.
The Bench observed that the subsistence allowance is neither paid out of contract nor is it a benevolent concession by the employer. The same, it said, is paid to ensure that the employee during the pendency of suspension, is not rendered destitute.
The tribunal pointed out that the “suspension of an employee is not a punishment; however, prolonged suspension tends to become punitive.”
The tribunal noted that in keeping with the Government Order appended to Rule 31 of the Jammu and Kashmir Classification, Control and Appeal Rules, as also by the law laid down by the Apex Court in Ajay Kumar Choudhary v. Union of India, the period of suspension must be minimal and that the inquiry proceedings should preferably be completed within a period of three months.
The tribunal said that the right to receive a subsistence allowance is a condition of service during the period of suspension. “Payment of subsistence allowance agrees with the Directive Principles of State Policy, as enshrined under Articles 38 and 39 of the Constitution of India.”
The tribunal said this while dealing with a plea by Jamil Ahmad Sofi, an employee in the Hospitality and Protocol department, who has not been paid subsistence allowance since his suspension on September 19, 2025.
The tribunal asked the respondents to release the subsistence allowance in favour of the aggrieved employee within two weeks and file a compliance report.