W S NANDUR Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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(1.) 1. When the petitioner was working as C. T. O. in charge of Civil Supplies Work at Nizamabad, he was kept under suspension pending enquiry into certain charges on 8-1-1966. However, on 21-2-1967 he was reinstated. But, once again he was put under suspension on 18-8-1969. Now, in this writ petition, the petitioner seeks a mandamus to the respondents to reinstate him in service p nding enquiry and to grant him all the increments due and arrears of pay etc., In view of the service of the charge memo and the commencement of the regular enquiry into the charges Sri M. Jagannadha Rao appearing fur the petitioner says that he is confining his arguments only to the increments and arrears of pay.
(2.) The first submission he makes is that from l8-8-'69, the date on which he has been kept under suspension, for the second time, he is being paid subsistence allowance calculated only on the basis of his pay without including the increments he has earned in the meanwhile The learned Government Pleader also concedes this position and states that the petitioner is entitled to have his subsistence allowance calculated on the basis of his pay and allowances, after including the increments he has earned in the meanwhile. That position also appears to be well settled in law.
(3.) In R. P. Kapur V. Union of India(AIR 1964 SC 787) the Supreme Court held :
"But what amount should be paid to the public servant during such suspension will depend upon the provisions of the statute or rule in that connection. If there is such a provision the payment during suspension will be in accordance therewith. But, if there is no such provision, the public servant will be entitled to his full emoluments during the period of suspension.";
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