R.M.SAVANT,J. - (1.) Rule, having regard to the nature of the relief sought, made returnable forthwith and heard.
(2.) The sole question that arises for our consideration in the above Writ Petition is whether the Petitioner is entitled to the payment of suspension allowance during pendency of the domestic inquiry against him by the Respondent No.1Board.
(3.) To address the said issue a few facts are required to be narrated. The Petitioner was registered with the Respondent No.1Board sometime in May 1994 and was allotted to Toli No.11B/1. Sometime in the year 2002 the Petitioner was appointed as Mukadam of the said Toli. The Petitioner was served with a show cause notice dated 06/06/2018 calling upon the Petitioner to show cause as to why departmental proceedings should not be initiate against him and the Petitioner be suspended from service. The Petitioner was thereafter issued a suspension order on 14/06/2018. The Petitioner has been under suspension ever since then. The Petitioner vide his letter dated 19/06/2018 requested the Respondent No.1 to pay him the suspension allowance. The Petitioner thereafter sent a reminder on 31/07/2018, however, in spite of the same it is the case of the Petitioner that he is not being paid the suspension allowance. The Petitioner has been issued a chargesheet on 23/08/2018 and at present departmental proceedings are pending against him. We are informed that the inquiry has commenced against the Petitioner, however the said fact is sought to be disputed by the learned counsel for the Petitioner on the ground that the said inquiry is only one which is referable to Section 13 of the Maharashtra Mathadi, Hamal and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969 ("The Mathadi Act" for short) and not Clause 34 of the Scheme.;