: 1 : wp.2258.2010 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. WRIT PETITION NO.2258 OF 2010 Dr.Susy Kuriakose .. Petitioner V/s. The Governing Body Bhavan's Hazarimal Somani College & Ors. .. Respondents Mr.C.R. Sadasivan I/b N.M. Ganguli for the Petitioner Mr.Susheel Mahadeshwar I/b Ms.Ranjana Todankar for the Respondent No.1 Mr.Nikhil Ukey i/b Rui Rodrigues for Resp. No.2 Mr.M.D. Naik, AGP, for Resp. No.3 CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: SEPTEMBER 20, 2011 P.C.: 1. The Petitioner is a Lecturer in Commerce and working with Respondent No.1 college. She was appointed Principal in November 2003 after completion of 22 years of service. Certain allegations were levelled against the petitioner and she was consequently suspended from service on 20.3.2m009. A chargesheet was issued against her, : 2 : wp.2258.2010 later for various acts of misconduct. An enquiry was held against her and the Petitioner is aggrieved by the findings recorded by the Enquiry Officer. 2. The petitioner has challenged her suspension, the decision of the enquiry committee and the non-payment of full salary to her, apart from raising other grievances, in this writ petition. 3. Today the only grievance the petitioner wants to agitate in the present petition is with respect to the non-payment of the subsistence allowance at the proper rate. The learned advocate has submitted that the other challenges raised in the petition will be agitated by the petitioner before the appropriate forum. 4. The petitioner has amended the writ petition to challenge the vires of Note 2(a) in the Government Resolution dated 12.8.2009. The Government Resolution dated 12.8.2009 deals with the scales of pay to be paid to the college teachers and equivalent cadres in Central Universities. The Sixth Pay Commission recommendations have been accepted by the Government and the revision in pay has been effected from 1.1.2009. 5. With regard to the subsistence allowance, the appendix to the : 3 : wp.2258.2010 Government Resolution dated 12.8.2009 mentions the amount to be paid to the teacher under suspension. Note 2 reads as follows: “Note 2- A teacher under suspension shall continue to draw subsistence allowance based on existing scale of pay and his pay in the revised pay structure will be subject to the final order of the pending disciplinary proceedings”. 6. An affidavit has been filed by the Principal Secretary (Higher and Technical Education) i.e. Respondent No.3 in which he has stated that although the Government Resolution in question is dated 12.8.2009 it has been implemented w.e.f. 1.1.2006 with respect to the revision of payscales and Dearness Allowance of all teachers and equivalent cadres. Therefore, when the petitioner was suspended on 20.3.2009, the revised payscales had already been implemented and were due and payable to her. 7. In these circumstances, in our opinion, the respondent College was not right in depriving the petitioner the subsistence allowance due and payable to her and in paying her the scales of pay applicable prior to the revision which has been effected from 1.1.2006. 8. Accordingly, we direct that respondent No.1 shall send the pay bills for the revised payscales for subsistence allowance payable to the petitioner within two weeks from today to Respondent No.3. : 4 : wp.2258.2010 Respondent No.3 shall clear the paybills within four weeks thereafter. 9. Writ petition is disposed off accordingly. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)