Mandatory grant and periodic review of subsistence allowance during suspension as per FR 53.

The Applicant, an Assistant Engineer (Civil) at ESIC, was placed under suspension on December 15, 2025

The suspension order initially included a change of headquarters, which was stayed by the Tribunal in a previous proceeding (OA No. 4920/2025)

Despite being under suspension for over three months and the suspension being continued for 180 days, the Respondents failed to release any subsistence allowance or decide on the Applicant’s multiple representations, the latest being dated February 7, 2026

The Applicant approached the Tribunal seeking directions for the release of subsistence allowance from the date of suspension and a 50% increase in the allowance effective from March 13, 2026, as per statutory rules

1. Whether the Respondents are legally obligated to release and periodically review the subsistence allowance of a suspended employee under the applicable service rules

2. Whether the Applicant’s representation for the grant and enhancement of subsistence allowance warrants a time-bound disposal in light of DoPT guidelines

The court primarily relied on Fundamental Rule (FR) 53(1)(ii)(a), which mandates the payment of subsistence allowance to a government servant under suspension

Department of Personnel and Training (DoPT) Office Memorandum (OM) dated November 4, 2022, titled "Pay and allowances during the suspension period," which stipulates that if suspension exceeds three months, the competent authority must review and may increase the subsistence allowance by up to 50% if the delay is not attributable to the employee

The Tribunal noted that the Applicant had been under suspension since December 15, 2025, and had crossed the three-month threshold without receiving the mandatory subsistence allowance

The court observed that the Respondents had neither released the payments nor disposed of the Applicant’s representation dated February 7, 2026, which constitutes a failure to follow the governing rules under FR 53 and the DoPT OM dated November 4, 2022

Since the Respondents’ counsel expressed no objection to disposing of the pending representation, the Tribunal found it appropriate to issue a consent order to ensure administrative compliance with the prescribed financial safeguards for suspended employees

It directed the Respondents to dispose of the Applicant’s representation dated February 7, 2026, within four weeks of receiving the order

The Respondents were ordered to pass a reasoned and speaking order in strict accordance with the DoPT guidelines/instructions dated November 4, 2022, regarding the release and variation of subsistence allowance

MA 1706/2026 for exemption was also allowed