Case Note & Summary
The dispute arose from the suspension of an Upper Division Clerk in July 1975 due to criminal proceedings against him. Initially, he received a subsistence allowance of 50% of his salary, which was later reduced to 25% in May 1982. After five years, in 1988, he petitioned the Central Administrative Tribunal to restore the original allowance, which was dismissed on the grounds of limitation under Section 21(2) of the Central Administrative Tribunals Act, 1985. The appellant contended that the government failed to review the reduced allowance despite the prolonged suspension and that the delay in criminal proceedings was not his fault. The Supreme Court found that the Tribunal incorrectly applied the limitation period, stating that the cause of action for reviewing the allowance arose monthly. The Court emphasized that subsistence allowances should be sufficient for basic needs and should be reviewed periodically, especially when proceedings are prolonged. The case was remanded to the Tribunal for a merits-based decision on the application. The Court allowed the appeal, setting aside the Tribunal's order and directing a review of the subsistence allowance (Paras 229F-G).
Headnote
A) Administrative Law - Subsistence Allowance - Review of Reduction - Central Administrative Tribunals Act, 1985, Section 21(2) - The Tribunal erred in rejecting the application on grounds of limitation as the cause of action arises monthly with reduced payments. The court held that the Tribunal could consider revising the allowance despite the elapsed time, emphasizing the need for periodic review of subsistence allowances (Paras 229C-E).
Issue of Consideration
Whether the application for restoration of subsistence allowance was barred by time under the Central Administrative Tribunals Act, 1985.
Final Decision
The Supreme Court allowed the appeal, set aside the Tribunal's order, and remanded the case for a merits-based decision on the application regarding the subsistence allowance.
Law Points
- Subsistence allowance
- limitation period
- review of orders
- cause of action
- Central Administrative Tribunals Act
- 1985
