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january 1989

Supreme Court of India · 1989-01-18

P.L. SHAH vs UNION OF INDIA & ANR.

Citation / case number
SC 1989/72616
Court
Supreme Court of India
Petitioner
P.L. SHAH
Respondent
UNION OF INDIA & ANR.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the Tribunal erred in rejecting the appellant's application for restoration of the original subsistence allowance, emphasizing that the cause of action arises monthly as the allowance is paid. The Court clarified that while relief for periods beyond three years from the Tribunal's powers cannot be granted, it can review the government's decision to reduce the allowance. The Court emphasized the need for periodic review of subsistence allowances in light of inflation and the circumstances of the suspended employee, remanding the case for merits consideration.

P.L. SHAH vs UNION OF INDIA & ANR. · Niyam