Case Note & Summary
The petitioner, Sandeep Vinodkumar Nathwani, was appointed as an Assistant Professor (G.E.S. - Class-II) with Respondent No.3 after clearing the GPSC examination. A criminal case was lodged against him, and he was placed under deemed suspension vide order dated 18.07.2018. Subsequently, he was convicted in Sessions Case No. 53 of 2018 on 18.06.2021, and removed from service by order dated 11.11.2021. The petitioner filed Criminal Appeal No. 1472 of 2021 against his conviction, and his application for suspension of sentence was allowed by the High Court on 23.12.2021. He also filed Special Civil Application No. 2033 of 2022 seeking reinstatement, which was dismissed on 16.09.2022, and the appeal against that dismissal (Letters Patent Appeal No. 1282 of 2022) is pending. In the present petition, the petitioner sought a writ of mandamus directing the respondent authorities to grant him suspension allowance under Rule 68(2) of the Gujarat Civil Services (Joining Time, Foreign Service, Deputation Out of India, Payment During Suspension) Rules, 2002 for the period from 18.06.2021 (date of conviction) to 11.11.2021 (date of removal from service), along with 12% interest. The court considered the provisions of Rule 68(2) of the Rules, 2002, which states that a government servant under suspension shall be entitled to a suspension allowance equal to 50% of the pay last drawn. The court noted that the petitioner was under suspension until the removal order took effect on 11.11.2021, and therefore, he was entitled to suspension allowance for the period from 18.06.2021 to 11.11.2021. The court rejected the petitioner's claim for interest at 12% but granted interest at 6% per annum from the date of filing of the petition. The court directed the respondent authorities to calculate and pay the suspension allowance within eight weeks, failing which interest would accrue at 9% per annum.
Headnote
A) Service Law - Suspension Allowance - Rule 68(2) of Gujarat Civil Services (Joining Time, Foreign Service, Deputation Out of India, Payment During Suspension) Rules, 2002 - Entitlement to suspension allowance for period between conviction and removal from service - Petitioner, an Assistant Professor, was under deemed suspension from 18.07.2018, convicted on 18.06.2021, and removed from service on 11.11.2021 - Court held that the petitioner is entitled to suspension allowance for the period from 18.06.2021 to 11.11.2021 as per Rule 68(2) of the Rules, 2002, since the removal order took effect only on 11.11.2021 - Respondent authorities directed to pay the amount within eight weeks with interest at 6% per annum from the date of filing of the petition (Paras 4-6).
Issue of Consideration
Whether the petitioner is entitled to suspension allowance under Rule 68(2) of the Gujarat Civil Services (Joining Time, Foreign Service, Deputation Out of India, Payment During Suspension) Rules, 2002 for the period from the date of conviction (18.06.2021) to the date of removal from service (11.11.2021).
Final Decision
The petition is allowed. The respondent authorities are directed to pay the suspension allowance to the petitioner under Rule 68(2) of the Gujarat Civil Services (Joining Time, Foreign Service, Deputation Out of India, Payment During Suspension) Rules, 2002 for the period from 18.06.2021 to 11.11.2021 within eight weeks from the date of receipt of the order. The amount shall carry interest at 6% per annum from the date of filing of the petition (2024) until payment. If the amount is not paid within eight weeks, interest shall accrue at 9% per annum thereafter.
Law Points
- Suspension allowance payable under Rule 68(2) of Gujarat Civil Services (Joining Time
- Foreign Service
- Deputation Out of India
- Payment During Suspension) Rules
- 2002
- Entitlement to suspension allowance from date of conviction to date of removal from service
- Interest at 6% per annum on delayed payment of suspension allowance
