Subsistence Allowance

Subsistence Allowance

1. The competent authority should pass an order regarding the subsistence and other allowances to be paid to the Government servant during the period of suspension simultaneously with the orders of suspension or as early as possible after the issue of the order of suspension to avoid hardship to the Government servant. Subsistence allowance is meant for the subsistence of a suspended Government servant and his family during the period he is not allowed to perform any duty and thereby earn a salary. The authorities concerned should take prompt steps to ensure that after a Government servant is placed under suspension, he receives subsistence allowance without delay. 

2. A Government servant under suspension or deemed to have been placed under suspension by an order of the competent authority is entitled to a subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn if he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary. 

3. Where the period of suspension exceeds three months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows: 

   

(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 percent of the subsistence allowance admissible during the period of the first three months if, in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Government servant. 

(ii) the amount of subsistence allowance may be reduced by a suitable amount not exceeding 50 percent of the subsistence allowance admissible during the period of the first three months if, in the opinion of the said authority, the period of suspension has been prolonged due to reasons to be recorded in writing, directly attributable to the Government servant. 

(iii) the rate of dearness allowance will be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under clauses (i) and (ii) above. 

4. Though F.R. 53 does not specifically provide for a second or subsequent review there is no objection to such review(s) being made by the competent authority. Such authority shall be competent to pass orders to increase or decrease the rates of subsistence allowance upto 50 percent of the amount of the subsistence allowance initially granted, according to the circumstances of each case. A second or subsequent review can be made at any time at the discretion of the competent authority. 

5. It is permissible to reduce the amount of subsistence allowance once increased on the basis of the first review, upto 50 percent of the amount of the subsistence allowance initially granted, if the period of suspension has been prolonged for reasons directly attributable to the Government servant, i.e. by his adopting dilatory tactics. Similarly, in a case where the amount of subsistence allowance has been reduced after the first review, the same can be increased upto 50 percent of the amount initially granted, if the period of suspension has been prolonged for reasons not directly attributable to the Government servant and the Government servant has given up dilatory tactics. 

6. A Government servant or a member of an All India Service placed under suspension is entitled to payment of subsistence allowance equal to leave salary which he would have drawn if he had been on leave on half-average pay or half pay and dearness allowance thereon during the period of suspension, subject to production of a certificate in the prescribed form that he is not engaged in any other employment, business, profession or vocation during the period to which the claim relates (Form No.5 of Part II of Volume II). Subsistence allowance cannot be denied to him on any other ground. (G.O.Ms.No.82/Ser.C dt.1-3-96 G.A.(Ser.C) Dept; G.O.Ms.No. 398 dt. 25-9-2001 G.A. (Ser.C) Dept.). The order of suspension should mention about payment of subsistence allowance in terms of F.R. 53 in the case of State Government servants and rule 4 of the All India Services (Discipline and Appeal) Rules, 1969 in respect of members of the All India Services. (Cir.Memo.No.560/Ser.C/95-3 dt.21-3-96 G.A.(Ser.C) Dept.)

7. The payment of subsistence allowance need not be withheld even if a review is pending with a higher authority (Cir.Memo.No.13431-160 AF.R.II/93 dt.1-4-93 Fin.& Plg. (FW.FR.II) Dept.). Government ordered that a Government servant under suspension be paid subsistence allowance whether he is lodged in prison or released on bail on his conviction pending consideration of his appeal. (Memo.No. 39071/471/A2/FR.II/99 Finance and Planning (FW.FR.II) Dept. dt. 28-2-2000) 

8. After 3 months, subsistence allowance can be reduced or increased by upto 50% depending on whether prolongation of suspension was or was not due to reasons directly attributable to the official.