Arrears Of Last Salary Drawn, Annual Grade Increments Of Employee Can't Be Withheld During Suspension Period: Rajasthan HC
The Rajasthan High Court has held that the arrears of the last salary drawn and the increments of employee cannot be withheld during suspension period.
The Court was considering a Writ Petition against non-payment of annual grade increments as also arrears of last drawn salary during suspension period.
The single-bench of Justice Sudesh Bansal observed, "....the action of withholding of the annual grade increments of the petitioner during suspension period is not supported by any rule or regulations of RFC............the Coordinate Bench of this High Court has directed and allowed the arrears of salary as well as all other financial benefits to the employees during the suspension period. The similar analogy applies to the case of petitioner as well."
The Petitioner was represented by Advocate Jitendra Sharma while the Respondent was represented by Advocate Manjeet Kaur.
The Petitioner was placed under suspension for offences under Sections 420, 406, 120-B IPC and Section 10/24 of the Immigration Act, 1983 and Section 12-B of the Indian Passport Act, 1967. He was later acquitted and his suspension was accordingly revoked. Neither any charge-sheet was issued to him nor any departmental inquiry was proceeded against him. As per the order of revocation of suspension, petitioner was held entitled for the last salary drawn by him for the suspension period but later on RFC issued a separate order deciding that the period of suspension of petitioner shall be treated as on duty with the condition that neither the arrears of difference nor AGI, accrual of OL etc. will be allowed. Aggrieved, the petitioner filed the present petition.
Counsel for the Petitioner referred to a slew of decisions to buttress his submission that apart from the due of last drawn salary of petitioner during the period of suspension, the annual grade increments, which have been withheld and not paid by the RFC may be directed to be paid to the petitioner.
The Court at the outset referred to the provision of Rule 37-A of the Rajasthan Service Rules and Rajasthan Financial Corporation (Staff Regulations), 1958 which deals with the issue of suspension but do not suggest withholding of annual grade increments of the employee during his suspension period.
The Court concluded that the arrears of the last salary drawn and the increments of employee couldn't have been withdrawn.
The Petition was accordingly allowed.
Cause Title: Chandra Prakash Bharadwaj vs. Rajasthan Financial Corporation (2024:RJ-JP:49498)
Click here to read/ download Order:
