Supreme Court of India · 2002-08-19
Anwarun Nisha Khatoon vs State Of Bihar & Ors
- Citation / case number
- AIR 2002 SUPREME COURT 2959
- Court
- Supreme Court of India
- Petitioner
- Anwarun Nisha Khatoon
- Respondent
- State Of Bihar & Ors
- Author
- S. N. Variava
- Bench
- Syed Shah Mohammed Quadri, S. N. Variava
Judgment text excerpt
The Supreme Court held that under Rule 96 of the Bihar Service Code, a suspended government servant is entitled to subsistence allowance during the period of suspension, regardless of attendance at the headquarters. The Court found that the High Court's dismissal of the Appellant's claim for subsistence allowance was unsustainable, as the requirement for a certificate of non-engagement in other employment does not negate the entitlement to subsistence allowance. The Court reversed the High Court's decision and directed the payment of the due subsistence allowance to the Appellant.