IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No.4992 of 2011 Date of Decision: October 10, 2011 Suresh Kumari ..Petitioner Versus Registrar Cooperative Societies and others. .. Respondents Coram The Hon’ble Mr. Justice Surjit Singh, Judge. Whether approved for reporting?1 For the Petitioner : Mr. Manohar Lal, Sharma, Advocate. For the Respondents : Mr. Ramesh Thakur, Assistant Advocate General for respondents No. 1 and 2. Mr. Jagdish Thakur, Advocate for respondent No.3. __________________________________________ Surjit Singh, Judge (oral) CMP No.9060/2011 Heard. Present petition has been moved only for correcting the name of the petitioner. Allowed. Petitioner’s name be shown as Suresh Kumari instead of Sudesh Kumari, in the main petition. Necessary correction be carried out in red ink in the title of the main petition itself. Amended memo. of parties, filed alongwith this petition, is ordered to be taken on record. Whet her report ers of t he l ocal papers may be al l owed t o see t he j udgment ? É2É CMP No.9091/2011 Heard. Present petition has been filed for making change in the prayer clause of the main writ petition, so as to claim subsistence allowance @50% in stead of 25%, in view of the amendment carried out in the Recruitment and Promotion Rules, vide Notification dated 16.11.2010, copy Annexure P-1/A. Since the amendment is necessitated by change in R&P Rules, petition is allowed. Amended petition filed with the present CMP be treated as writ petition in the matter. CWP No. 4992/2011 Heard and gone through the record. Petitioner, who is an employee of respondent No.3, a Cooperative Society, has been placed under suspension, as departmental proceedings for an alleged act of misconduct have been initiated against him. He is not being paid any subsistence allowance. So, he has filed the present petition, seeking issuance of a direction to respondent No.3, to pay subsistence allowance, as per Rules, copy Annexure P-1, as amended by Notification, copy Annexure P-1/A. Admittedly, petitioner is not being paid subsistence allowance. Under the rules, he is entitled to such allowance. Otherwise also, an employee, under suspension, needs to be paid some amount of money to É3É sustain himself, and in case nothing is paid on account of subsistence allowance, that will be violative of fundamental right of life of the concerned employee. In view of the above stated position, writ petition is disposed of, with a direction to respondent No.3 to pay subsistence allowance, as per rules, to the petitioner from the date of suspension and continue to pay such allowance till the suspension order remains operative. Arrears are directed to be paid within six weeks from today. Prayer has also been made, in the petition, for directing the respondents to complete departmental inquiry, expeditiously, and in a time bound manner. So, the respondents are directed to complete the inquiry by 31st December, 2011. Petition stands disposed of. Pending application(s), if any, shall also stand disposed of. October 10, 2011 (ss) (Surjit Singh), J.