17th October 2018 From India, Bangalore
The reason cited for dismissal of the claim for subsistence allowance seems not acceptable. However, one can not comment upon it further without seeing the entire orders passed by the Authority.
17th October 2018 From India, Salem
18th October 2018 From India, Tirunelveli
18th October 2018 From India, Kanpur
The nonpayment of subsistence allowance to the delinquent would render the entire disciplinary proceedings taken against him vitiated and the punishment awarded to be set aside in judicial review. Whether there is any mention about the nonpayment of subsistence allowance in the High Court's orders?
As it is, the interpretation of the Authority under the PSA Act, 1981 seems not to be correct isolating the case of termination of employment by retirement when the employee was denied subsistence allowance. But for this, whether the individual was an employee as defined under the Act?
Whether the individual preferred an appeal to the Additional Commissioner of Labor who is the Appellate Authority under the Act?
18th October 2018 From India, Salem
Full facts of the case and development that followed has not been given to us in order to apply our appraisal reasonable. Here I attach a SC judgment on non-payment of 'subsistence allow. which can be referred to in case some of the facts matches with similarities present in both the cases. Also discussion taken place earlier on the subject may be seen in this link-
20th October 2018 From India, Bangalore