Payment of subsistence allowance.-Rule no 34- MEPS

34. Payment of subsistence allowance.-

(1) (a) A subsistence allowance at an amount equal to the leave salary which the employee would have drawn if he had been on leave on half pay and in addition, Dearness allowance based on such leave salary shall be payable to the employee under suspension. 

(b) Where the period of suspension exceeds 4 months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the time first 4 months as follows, namely:- 

(i) The amount of subsistence allowance may be increased by a suitable amount not exceeding 50 per cent of the subsistence allowance admissible during the period of first 4 months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing, no directly attributable to the employee. 

(ii) The amount of subsistence allowance may be reduced by a suitable amount not exceeding 50 per cent of the subsistence allowance admissible during the period of first 4 months, if in the opinion of the said authority, the period of suspension has been prolonged due to reasons, to be recorded in writing, directly attributable to the employee. 

(iii) The rate of Dearness allowance shall be based on the increased or on the Decreased amount of subsistence allowance, as the case may be, admissible under sub-clause (i) and (ii).

(2) Other compensatory allowances, if any, of which the employee was in receipt on the date of suspension shall also be payable to the employee under suspension to such extent and subject to such conditions as the authority suspending the employee may direct:

Provided that the employee shall not be entitled to the compensatory allowances unless the said authority is satisfied that the employee continues to meet the expenditure for which such allowances are grated:

Provided further that, when an employee is convicted by a competent court and sentenced to imprisonment, the subsistence allowance shall be reduced to a nominal amount of rupee one per month effect from the date of such conviction and he shall continue to draw the same till date of his removal or reinstatement by the competent authority:

Provided also that, if an employee is acquitted by the appellate court and no further appeal or a revision application to a higher court is preferred and pending, he shall draw the subsistence allowance at the normal rate from the date of acquittal by the appellate court till the termination of the inquiry, if any, initiated under these rules:

Provided also that, in case falling under sub-rules (1) and (2) above, where the management refuses pay or fails to start and continue payment of subsistence allowance and other compensatory allowance, if any, to an employee under suspension, payment of the same shall be made by the Education Officer or Deputy Director, as the case may be,m who shall deduct an equal amount from the non-salary grant that may be due and payable or may become due and payable to the school. 

(3) In case an employee under suspension attains the age of superannuation while under suspension he shall be deemed to have been retired on attaining the age of superannuation and any departmental or Judical proceedings pending against him shall be continued even after his retirement. A provisional pension not exceeding the maximum pension which would have been admissible on the basis of qualifying service up-to the date of retirement of the employee or if he was under suspension on the date of retirement up-to the date immediately proceeding the date on which he was placed under suspension shall be paid to him. But no amount of Death-cum-Retirement Gratuity shall be paid till his case is finally decided. Where an employee is acquitted of the charged and he is not proceeded against by the Management under sub-rule (6) of rule 33 his case shall be regulated by sub-rule (5) if his suspensions is held to have been wholly unjustified, and by sub-rule (6) if it is held to have been wholly justified.

(4) When an employee who has been suspended is reinstated, the authority competent to order the reinstatement shall consider and make a specific order-

(a) regarding the pay and allowances to be paid to the employee for the period of his absence from duty, and 

(b) regarding the said period belong treated as a period spent on duty. 

(5) Where the authority mentioned in sub-rule (4) is of the opinion that the employee has been fully exonerated or in the case case of suspension that it was wholly unjustified, the employee shall be given the full pay, allowances and pension to which he would have been entitled had he not been dismissed, removed or suspended as the case may be. The management shall bear expenditure on pay and allowances of substitute, if any, appointed in place of the employee under suspension and such expenditure shall not hold admissible for Government grant. 

 

(6) In other cases, the employee shall be given such proportion of pay and allowances and pension as the management and pension as the management may decide:

Provided that, where the amount of provisional pension sanctioned to an employee during the period of suspension is more than the amount of pension finally held admissible the difference of such amount shall not be recovered or adjusted from the mount of pension payable to him:

Provided further that, the payment of allowances under sub-rules (5) or (6) shall be subjetc to all other conditions under which such allowances are admissible:

Provided also that in a case falling under sub-rule (5), the period of absence from duty shall be treated as a period spent on duty, after the management specifically directs that it shall be so treated (for specified purposes).