An officer of a central PSU was suspended on 20th May 2020. He was reinstated on 21st of January 2021, after 246 days. His inquiry is ongoing.
Can he claim full salary from 16th November 2020 (180 days from 20th May 2020 to 15th November 2020) after completion of 180 days of his suspension? He has to be paid subsistence allowance for the full period, from 20th May 2020 to 20th Jan 2021.
From India, Coimbatore
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1Can he claim full salary from 16th November 2020 (180 days from 20th May 2020 to 15th November 2020) after completion of 180 days of his suspension? He has to be paid subsistence allowance for the full period, from 20th May 2020 to 20th Jan 2021.
From India, Coimbatore
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He is eligible for subsistence allowance from the date of suspension, i.e., 20th May 2020, at the prescribed rates as per the Standing Orders of the PSU or state enactment pertaining to Subsistence Allowance. It need not necessarily be 180 days. In Kerala, it is 50% for the first 90 days and 75% for the next 90 days, i.e., till 180 days, and 100% for the remaining days of suspension. But since the law governing payment of subsistence allowance is a state enactment, the rates may change, or it may also depend on the standing orders of the particular company.
Once an employee is reinstated in service, obviously, from that day onwards he will be in service and will receive a salary and not subsistence allowance.
From India, Kannur
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Once an employee is reinstated in service, obviously, from that day onwards he will be in service and will receive a salary and not subsistence allowance.
From India, Kannur
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Dear friend,
The delinquent official was placed under suspension from 20-05-2020 pending enquiry. However, when the enquiry was in progress, for obvious reasons known to the disciplinary authority, his suspension was revoked and he got reinstated on 21-01-2021. Hence, notwithstanding the quantum of subsistence allowance paid so far and yet to be payable, if any, the official had been under suspension from 20-05-2020 to 20-01-2021.
Therefore, he is entitled to his normal salary from the date of his reinstatement, i.e., 20-01-2021 only. The purpose of fixing differential rates of subsistence allowance subject to a certain prefixed period, i.e., 180 days, is only to expedite the disciplinary action so as to avoid keeping the employee under suspension by prolonging the disciplinary process which commences normally from the date of suspension or the service of the charge memo, whichever is earlier, and concludes when the final orders are passed.
So, whatever the period of suspension undergone by the official beyond 180 days, he would only be entitled to subsistence allowance at an enhanced rate and not salary, though it may be 100% of the salary last drawn. The question of full salary for the suspension period depends on the nature of the punishment awarded at the end; if it is dismissal, the period of suspension merges with the dismissal, or if something else, the period of suspension needs to be regularised, in which case only he would get the full salary for the entire period of suspension minus the subsistence allowance already received.
From India, Salem
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The delinquent official was placed under suspension from 20-05-2020 pending enquiry. However, when the enquiry was in progress, for obvious reasons known to the disciplinary authority, his suspension was revoked and he got reinstated on 21-01-2021. Hence, notwithstanding the quantum of subsistence allowance paid so far and yet to be payable, if any, the official had been under suspension from 20-05-2020 to 20-01-2021.
Therefore, he is entitled to his normal salary from the date of his reinstatement, i.e., 20-01-2021 only. The purpose of fixing differential rates of subsistence allowance subject to a certain prefixed period, i.e., 180 days, is only to expedite the disciplinary action so as to avoid keeping the employee under suspension by prolonging the disciplinary process which commences normally from the date of suspension or the service of the charge memo, whichever is earlier, and concludes when the final orders are passed.
So, whatever the period of suspension undergone by the official beyond 180 days, he would only be entitled to subsistence allowance at an enhanced rate and not salary, though it may be 100% of the salary last drawn. The question of full salary for the suspension period depends on the nature of the punishment awarded at the end; if it is dismissal, the period of suspension merges with the dismissal, or if something else, the period of suspension needs to be regularised, in which case only he would get the full salary for the entire period of suspension minus the subsistence allowance already received.
From India, Salem
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Increment during suspension period.PDF
Prolonged Suspension of the employee.docx