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Judgment
CW No. 4814/99.
Counsel for the respondent No.1 prays and is granted four weeks time to file counter affidavit. Let counter affidavit be filed within four weeks. Rejoinder be filed within two weeks thereafter.
Adjourned to 7th October, 1999.
The petitioner was suspended from service with effect from 26.12.1995. However, no subsistence allowance has been paid to him till date. Counsel for the respondents states that as per relevant rules once a person is arrested and not released on bail and he is suspended on this account, no subsistence allowance is to be paid. Such rule prima facie appears to be vocative of Articles 14 and 21 of the Constitution of India. In any case this matter would be considered at the time of hearing of the writ petition . There is a oral prayer made by the counsel for the petitioner for payment of some allowance as according to the petitioner he and his family are at the verge of starvation. It is further stated and petitioner is on interim bail and he is to surrender on 27.08.99. Keeping in view the totality and circumstances and that not a single penny is paid to the petitioner since his suspension almost four years ago, I, Therefore, direct that the respondent shall pay on account 25% of the last drawn salary towards subsistence allowance to the petitioner with effect from 26.12.1995 within two weeks. This would be subject to final outcome of the writ petition.
Counsel for the petitioner further submits that salary for the month of December i.e. from 1st December to 22nd December, has also not been paid. If the same is not paid, it be also paid within two weeks.
Adjourned to 7th October, 1999. Dasti.