IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6661 of 2009 DR.CHENPAL SINGH @ C.P.SINGH, SON OF LATE KUNWAR PAL SINGH, RESIDENT OF VILLAGE & P.O.-DHANIPUR, P.S.-GANDHI PARK, DISTRICT-ALIGARH (UTTER PRADESH). ……….PETITIONER. Versus 1. RAJENDRA AGRI.UNIVERSITY, BIHAR, THROUGH ITS REGISTRAR, PUSA, P.O.- & P.S.-PUSA, DISTRICT- SAMASTIPUR. 2. THE REGISTRAR, RAJENDRA AGRICULTURE UNIVERSITY, BIHAR, P.O. & P.S.-PUSA, DISTRICT-SAMASTIPUR. 3. THE VICE-CHANCELLOR, RAJENDRA AGRICULTURE UNIVERSITY, P.O. & P.S.-PUSA, DISTRICT-SAMASTIPUR. 4. THE DIRECTOR (ADMINISTRATION), R.A.U., P.O. & P.S.- PUSA, DISTRICT-SAMASTIPUR. 5. THE DIRECTOR, SANJAY GANDHI INSTITUTE OF DAIRY TECHNOLOGY, PATNA. 6. THE DIRECTOR, SUGARCANE RESEARCH INSTITUTE, PUSA, P.O. & P.S.- PUSA, DISTRICT-SAMASTIPUR. 7. THE CONTROLLING OFFICER, LIVESTOCK UNIT, PUSA, R.A.U., SAMASTIPUR. ………..RESPONDENTS. For the Petitioner: Mr. Ashok Kumar Choudhary, Adv. Mr. Ram Kishore Singh, Adv. Mr. Rajnish Kumar Choubey, Adv. For the R.A.U.: 1. Mr. D.K. Sinha, Sr. Adv. 2. Mr. Chandra Mohan Singh, Adv. ----------- 3/ 21.01.2010 Heard counsel for the petitioner and the counsel appearing for Rajendra Agriculture University, Pusa. Petitioner has been put under suspension by order dated 10.02.2008 in contemplation of the departmental proceeding. His grievance is that during the suspension period though he is entitled for receiving the payment of subsistence allowance in terms of the provisions under the Rajendra Agriculture University Act, but it is not being paid to him, regularly. Prayer is for commanding the respondents to ensure 2 payment of subsistence allowance as per the rules. Petitioner’s case is that he was put under suspension on 10.02.2008 but he started getting his subsistence allowance since 01.12.2008 which continued till 09.04.2009. He was not paid his subsistence allowance from the date of suspension i.e. 10.02.2008 to 30.11.2008. Payment of subsistence allowance has again been stopped since 09.04.2009. Counsel appearing for Rajendra Agriculture Univeristy, Pusa, submits that subsistence allowance was not paid to the petitioner for the period 10.02.2008 to 30.11.2008, for the reason that he did not join at his headquarter. Unless, he would have joined there, he could not have been paid subsistence allowance. However, the counsel for the Rajendra Agriculture University, is unable to say why again payment of subsistence allowance has been stopped after 09.04.2009. This application is being disposed of directing the Registrar, Rajendra Agriculture Univerisity, Pusa and the Director (Administration) Rajendra Agriculture University, Pusa, to make payment of arrears of subsistence allowance to the petitioner for the period 10.02.2008 to 30.11.2008. It is further directed that the period, for which the payment has been discontinued after April, 2009, should also be made to the petitioner. The respondents will continue to make payment of subsistence allowance to the petitioner till conclusion of the departmental proceeding. The arrears must be paid within 3 four weeks from the date of production/communication of the order. A copy of this order be handed over to counsel appearing for Rajendra Agriculture University, Pusa, Samastipur. Sanjeet/ (Mridula Mishra, J.)