SBCWP511/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.511/2010 Puran Mal Vs. The Managing Director, Jaipur Vidyut Vitaran Nigam Limited, Jyoti Nagar, Jaipur and Others Date of Order ::: 07.04.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Lokesh Sharma, Counsel for petitioner Shri Sanjeev Prakash Sharma, Counsel for respondents #### By the Court:- Although Shri Lokesh Sharma, learned counsel for petitioner, sought to still argue the matter but controversy in this matter is squarely covered by a decision of the Supreme Court in Union of India Vs. R.K. Chopra – (2010) 2 SCC 763, in which it was authoritatively held by the Supreme Court that revision of subsistence allowance based on pay revision coming into effect during suspension period, is impermissible. It was further held that if revision of pay takes effect from a date prior to date of suspension of a Government servant then he would be entitled to benefit of increment in pay and in the SBCWP511/2010 // 2 // subsistence allowance for the period of suspension, but if revision of pay takes effect from a date falling within the period of suspension then benefit of revision of pay and subsistence allowances will accrue to him, only after reinstatement depending on the fact whether the period of suspension is treated as duty or not. Same view was taken by two different Division Benches of this Court in Brij Lal Bundel Vs. State of Rajasthan & Another 2007 (5) SLR 335 and Rajasthan State Electricity Board and Another Vs. Narayan Lal Meena – 1996 III.L.L.J. (Supp.) High Court, Rajasthan, 1152. Albeit in context of accrual of grade increment during period of suspension relying on judgment of the Supreme Court in State of Rajasthan Vs. Kan Singh (SLP (C) No.9256 of 1989, decided on 23.07.1993), writ petition is dismissed. (Mohammad Rafiq) J. //Jaiman//