A bench of Justices R V Raveendran and K S Radhakrishnan said: “The benefit of pay revision and the consequent revision of subsistence allowance stand postponed till the conclusion of the departmental proceedings, if the pay revision has come into effect while the Government servant is under suspension.’’
While quashing the ruling of Delhi High Court that directed the government to pay the dues in accordance with the revised scale to R K Chopra, a dismissed desk officer, with the Central government, the apex court said he was not entitled to receive his dues according to the revised Fifth Pay Commission scale.
“So far as the present case is concerned, the Revised Pay Rules came into force on January 1, 1996, when the respondent was under suspension and later he was dismissed from service on 04.08.2005 and hence the benefit of pay revision or the revision of subsistence allowance did not accrue to him,’’ said the judgment released here on Wednesday.