In CIVIL APPEAL NO.1096 OF 2010 [ARISING OUT OF SLP (CIVIL) NO.9071 OF 2009] UNION OF INDIA v. R.K. CHOPRA decided on 01/02/2010, the Supreme Court allowing the government’s appeal rejected the claim of a Government servant for revision of subsistence allowance based on the pay revision effected by the Central Civil Services (Revision Pay ) Rules,1997, which came into force on the 1st day of January, 1996, while he was under suspension from service.
In Para 26 of the judgment, the Supreme Court held :
“On a combined reading of Note 3 to Rule 7 of the Revised Pay Rules and FR 53(1)(ii)(a) with the clarification with Office Memorandum dated 27th August, 1958 it is clear that if the revision of pay takes effect from a date prior to the date of suspension of a Government servant then he would be entitled to benefit of increment in pay and in the subsistence allowance for the period of suspension, but if the revision scale of pay takes effect from a date falling within the period of suspension then the benefit of revision of pay and the subsistence allowances will accrue to him, only after reinstatement depending on the fact whether the period of suspension is treated as duty or not. In view of the clear distinction drawn by the Rule making authority between the cases in which the Revised scale of pay takes effect from a date prior to the date of suspension and a date falling within the period of suspension, the plea of discrimination raised cannot be sustained especially when there is no challenge to the Rules. The benefit of pay revision and the consequent revision of subsistence allowance stand postponed till the conclusion of the departmental proceedings, if the pay revision has come into effect while the Government servant is under suspension. So far as the present case is concerned, the Revised Pay Rules came into force on 1st January, 1996 when the respondent was under suspension and later he was dismissed from service on 04.08.2005 and hence the benefit of pay revision or the revision of subsistence allowance did not accrue to him. The Tribunal as well as the High Court have committed an error in holding that the respondent is entitled to the benefit of Revised Pay Rules. We, therefore, allow the appeal and set aside those orders.”
Relevant Rules :
(1) Rule 10 (2) of the CCS (CCA) Rules 1965.
(2) Fundamental Rules Chapter VIII FR 53;
(3) Government of India order G.M.O.M. No. F-2(36)-Ests/-III/58 dated 27th August, 1958 (given in the Swamy's compilation of Fundamental and supplementary Rules)
(4) Central Civil Services (Revision Pay ) Rules,1997 , Rules 3,5,6 and 7.
In Para 26 of the judgment, the Supreme Court held :
“On a combined reading of Note 3 to Rule 7 of the Revised Pay Rules and FR 53(1)(ii)(a) with the clarification with Office Memorandum dated 27th August, 1958 it is clear that if the revision of pay takes effect from a date prior to the date of suspension of a Government servant then he would be entitled to benefit of increment in pay and in the subsistence allowance for the period of suspension, but if the revision scale of pay takes effect from a date falling within the period of suspension then the benefit of revision of pay and the subsistence allowances will accrue to him, only after reinstatement depending on the fact whether the period of suspension is treated as duty or not. In view of the clear distinction drawn by the Rule making authority between the cases in which the Revised scale of pay takes effect from a date prior to the date of suspension and a date falling within the period of suspension, the plea of discrimination raised cannot be sustained especially when there is no challenge to the Rules. The benefit of pay revision and the consequent revision of subsistence allowance stand postponed till the conclusion of the departmental proceedings, if the pay revision has come into effect while the Government servant is under suspension. So far as the present case is concerned, the Revised Pay Rules came into force on 1st January, 1996 when the respondent was under suspension and later he was dismissed from service on 04.08.2005 and hence the benefit of pay revision or the revision of subsistence allowance did not accrue to him. The Tribunal as well as the High Court have committed an error in holding that the respondent is entitled to the benefit of Revised Pay Rules. We, therefore, allow the appeal and set aside those orders.”
Relevant Rules :
(1) Rule 10 (2) of the CCS (CCA) Rules 1965.
(2) Fundamental Rules Chapter VIII FR 53;
(3) Government of India order G.M.O.M. No. F-2(36)-Ests/-III/58 dated 27th August, 1958 (given in the Swamy's compilation of Fundamental and supplementary Rules)
(4) Central Civil Services (Revision Pay ) Rules,1997 , Rules 3,5,6 and 7.
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