Tarun Reflex

August 20, 2008

Suspended Eemployee Entitled to Pay Commission Recommendations – Court

Delhi High Court on Monday ruled that a government employee who was suspended would be entitled to the enhanced pay scales recommended by a new pay commission.

Dismissing the central government’s contention that a suspended employee would not be entitled to the recommendations of a new pay commission, a bench comprising Justices Madan B. Lokur and J.R. Midha said such an officer was entitled to enhanced subsistence allowance.

The court’s ruling came in connection with a case in which the Ministry of Commerce and Industry had challenged an order of the Central Administrative Tribunal (CAT), which held that a suspended employee was entitled to higher allowances based on the recommendations of the Fifth Pay Commission.

The Department of Industrial Policy and Promotion under the Ministry of Commerce and Industry had put R.K. Chopra under suspension, during which period the Fifth Pay Commission report was implemented.

The government challenged the CAT order, which had enhanced the allowances of Chopra during his suspension period.


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