Supreme Court of India · 2002-08-19
ANWARUN NISHA KHATOON vs STATE OF BIHAR .
- Citation / case number
- SC 2001/19477
- Court
- Supreme Court of India
- Petitioner
- ANWARUN NISHA KHATOON
- Respondent
- STATE OF BIHAR .
- 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 government servant under suspension is entitled to subsistence allowance for the duration of suspension, regardless of attendance. The Court found that the High Court's dismissal of the Appellant's claim for subsistence allowance was unsustainable, as the Appellant's husband was entitled to such payments despite not reporting for duty. The Court reversed the High Court's decision and directed the payment of the subsistence allowance due to the Appellant's husband.