• Getting special allowances such as if an official posted in training unit

If a person who was suspended and his suspension was revoked and he joint the department. Then departmental proceedings was initiated against him.In the meanwhile he was got his posting in Training Unit of the department where he is entitled for the Training Allowances @ 12%. Now please answer he will get this tranining Allowances or not. Because his seniors replied him that you will not get any special allowances because departmental proceedings is pending against you.
Asked 4 years ago in Labour

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12 Answers

Firstly, see, one thing you have to understand that when a person is suspended then there may be a situation that the person may only get salary as just for his subsistence.

Secondly, in your case not the question is not that whether you are depending it as if you are suspended, but actually you are into service now.

Thirdly, let the proceedings be in continuance there should no ground for disallowing you the same.

Fourhtly, it can’t be accepted in the eyes of law, and also as per administrative law of our country.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Sir first of all the departmental rules and your employment rules have to referred under which you are employed.

In my view pending departmental enquiry wont dis-entitle you from getting the extra training allowance as prescribed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your suspension has been revoked and you are posted in training unit

You should be entitled to training allowance

Merely because some proceedings are pending should not disentitled him to training allowance

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1) Need to know in which sector, dept, psu, central or state or defence or army section you are working, so we can provide you correct guide lines.

2) Here in your questions there are 2-3 scenarios first check suspension and revoke clause which will appear in Termination in you joining letter. Secondly you cab check Training clauses for allowances. And lastly read the allowance clause that who are eligible for it.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. After the revocation of suspension he was posted in the training unit. He does not incur any disqualification to get the training allowance due to the mere pendency of departmental proceedings against him.

2. The aggrieved individual may approach the CAT to recover the training allowance.

3. Do not ask for case laws as they may not exist and we do not have them handy with us at all times.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

You have stated that officers posted in training unit are entitled to 12 per cent allowance

Since your suspension is revoked you should be entitled to such allowance

The superiors ha evto point out specific provisions wherein you would be dis entitled to such allowance

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

This simply depends on your service rules, please go through carefully.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Employee not entitle to special allowances when suspended and pending departmental inquiry no reason to deny any allowance granted to any other employee on same position.

Also held by S C Departmental Inquiry is no Ground to Deny Pension or Subsistence Allowance to Employee same rule will apply to your case while in service.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hi,

is there any specific provision to stop allowance, it will be stopped. otherwise it should be paid to employee.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If his suspension was revoked and he is being paid with the regular salary despite the fact that there is another departmental inquiry pending, he will be entitled to the regular pay and allowances including the special allowances that are admissible to all other employees.

Let the superiors give it in writing that he is not entitled to it, he can take it up legally after that.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Regarding my question It is intimated that the officer is an ITO and he is currently posted in Training Unit. In regard to your reply please provide any rules/directions/case law in this regard, i

First of all let the authority deny you the special allowance for the reasons that he may be relying upon.

If the reasons has legally valid clarification by mentioning the rules by which he has been denied the privilege, he may look for legal solution after that.

First let him get the orders in black and white.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Get the same in writing and challenge the same in writ petition before HC.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

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