• Pay and allowances during suspension period

I was arrested on 13/03/2019 and ptoduced on 14/93/2019 and was jailed from 14/03/2019 to 02/05/2019. I was bailed out on 03/05/2019. After taking certified copies of bail I applied for reinstatement of my services on 20/05/2019. The letter was kept pending by the concerned authorities and 0n 13/06/2019 I was intimated that I can join the services and revocation will take effect from date of joining. Nothing is mentioned in my revocation order whether I will get my pay and allowances of during suspension period. I am working in a bank and My queries are as under.
1. Whether bank should pay me salary and other benefits of suspended period although I have been paid subsistance allowance.
2. If not to pay the salary of suspension period that whether bank should not to pay from 14/03/2019 to 03/05/2019 or upto date of my joining i.e. from 14/03/2019 to till date of joining.
Asked 6 years ago in Labour

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9 Answers

1. Only suspension allowance is payable, rest depends on final verdict of the case.

2. From 14.03.2019 to day before your joining.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Cleint,

Employee is entitle to subsistence allowances on suspension @ 50% of Basic Pay.

Up to date of joining.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You will get all the benefits as per the service rules unless barred by any order of the court.  Yes bank should pay you as aforesaid

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You will be entitled only for subsistence allowance from the date of suspension to the date of revocation of suspension. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

For the first three months of suspension 1/3 of the basic pay
which the officer employee was receiving on the date prior to the date
of suspension irrespective of the nature of enquiry

 

2) For the entire period of suspension, dearness allowance and other
allowances excepting conveyance allowance, entertainment allowance and
special allowance will be calculated on the reduced pay as specified in (i) &
(ii) of clause (a) above and at the prevailing rates or at rates applicable to
similar category of officers.
(1) During the period of suspension an officer employee shall not be
entitled to occupation of rent-free or free house of the bank’s car or
receipt of conveyance or entertainment allowance or special allowance.
(2) No officer employee of the bank shall be entitled to receive payment of
subsistence allowance unless he furnishes a certificate that he is not
engaged in any other employment, business, profession or vocation.
(3) If during the period of suspension an officer employee retires by
reason of his attaining the age of superannuation, no subsistence
allowance shall be paid to him from the date of his retirement. 

Ajay Sethi
Advocate, Mumbai
99781 Answers
8145 Consultations

Hi,

After winning your case, you will be getting the remaining salary and allowances. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

1. No

2. Is there any mention about the same in your service rules?

a person is not guilty until proven so and as such no punishment van be given effect to without holding a proper disciplinary enquiry.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. The payment of subsistence amount during the period of suspension is the only payment you may receive.

2. The subsistence allowances shall be paid till; the time the suspension from job is revoked.

 

T Kalaiselvan
Advocate, Vellore
89983 Answers
2492 Consultations

 you are entitled to subsistence allowance @ 50% of Basic Pay which he was entitled to immediate preceding the date of such suspension for first six months. Thereafter, it may be enhanced to 75%, if the delay is not directly attributable to the conduct of the suspended employee. However, it may be reduced to 25% of Basic Pay if the delay is prolonged due to the reasons directly attributable to the suspended employee. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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