M. Katju, J. - (1.) The petitioner was the Secretary of a Co-operative Society and he was suspended on 13.2.88 by the Assistant Registrar. In the present writ petition although the order of suspension has also been challenged but counsel for the petitioner, at the stage of argument, confined himself to the prayer that the subsistence allowance should be increased from June, 1989. In para 3 of the affidavit filed in support of the application dated 18.12.91/20.12.91 the petitioner stated that monthly salary of Secretaries was increased from Rs. 781 to Rs. 1,356 from June, 1989 and hence proportionately his subsistence allowance should have also been increased. In para 10 of the writ petition the petitioner has stated that he has also not been paid salary from July, 1987 to 12.2.1988 and from 27.1.87 to 28.2.87.
(2.) On 18.1.91 three weeks time was granted by the Court to the respondent to file counter affidavit but no counter affidavit has been filed. In the circumstances I treat the allegations in the writ petition to be correct. In the circumstances I allow the writ petition and direct the respondents to grant subsistence allowance to the petitioner within one month of production of certified copy of this order. If the allegation of the petitioner that the monthly salary was increased from Rs. 781 to Rs. 1,356 from June 1989 is correct then his subsistence allowance from June, 1989 onwards shall be computed after treating the salary to be Rs. 1,356 per month. The petitioner will also be paid any arrears of salary due to him. I further direct that the enquiry, if any, should be completed within six weeks of production of the certified copy.
(3.) With the aforesaid observations, the writ petition is finally disposed of. Petition allowed.;