Military Pay & Allowances: Subsistence Allowance

Subsistence Allowance to Military Personnel in India: There are times when a 'public' servant may not receive full Pay & Allowances, e.g. when he/ she is placed under 'suspension' during a Departmental Inquiry. In such circumstances, payment of 'subsistence allowance' is mandatory in India. Supreme Court of India held that denial of 'subsistence allowance' in such cases deprives the public servant of the Right to Defence.[1]

Whereas there is a set of Rules governing subsistence allowance to Civilian public servants[2] and [3], there are no Rules for paying such allowance to Military Personnel during their military service; however, a precedent was set in this regard by Supreme Court -- details are given in High Court Judgment in case titled 'Flt Lt GS Bajwa vs. UOI & Ors'.[4]

But CCS (CCA) Rules 1965 read with FRs, cited above, do not provide for subsistence allowance to a public servant after his/ her severance from service; however, Supreme Court set a precedence in this regard, too, in the above-cited case.

'Precedence' helps a similarly placed person to cite that case, and apply for similar reliefs.

References:

1. https://www.livelaw.in/employee-entitled-subsistence-allowance-pending-inquiry-sc-read-judgment/

2. https://dopt.gov.in/ccs-cca-rules-1965-0

3. https://dopt.gov.in/sites/default/files/FR_525354_E_0.pdf

4. https://indiankanoon.org/doc/1329131/