Dr. Chandra Bhushan vs State of Bihar and Others

S.N. Jha, J.—The dispute in this case relates to payment of subsistence allowance. The petitioner, a doctor and member of Bihar Health Service, has been placed under suspension vide notification contained in memo No. 797(2) dated 3.6.2002. He has however, not been paid subsistence allowance on the ground of non-marking of attendance.

On behalf of the petitioner, it is submitted that under the rules an employee under suspension is merely required to remain present at the headquarters and there is no requirement to sign the attendance register. In support of the contention counsel places reliance on Shankar Mandal vs. The State of Bihar & Ors., 1994 (2) BLJ 154. On behalf of the respondents it is submitted that in terms of the circular of the Personnel and Administrative Reforms Department, bearing memo No. 9703 dated 15.8.1985, the Government servant under suspension is also required to sign the attendance register. The stand of the respondents, no doubt, finds support from the above said circular but is contrary to the decision of this Court. In the case of Shankar Mandal (supra) a Division Bench of this Court laid down in no uncertain terms that non-marking of attendance register at the headquarters can be no ground to deny subsistence allowance and if an employee remains present at the headquarters and furnishes certificate to the effect that he was not gainfully employed at any place, the subsistence allowance is to be paid to him.

In view of the above said decision, I have no hesitation in directing the respondents to pay him subsistence allow-ance-arrear as well as current-due to the petitioner. The petition stands disposed of.