IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 7942 of 2009 Ved Parkash Gupta ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. J.K. Verma, Advocate for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana for the State. RANJIT SINGH J. The petitioner had filed this petition seeking writ of mandamus directing the respondents to release his subsistence allowance during the period of suspension in the revised pay scale as has been recommended by the 6th Pay Commission. Notice was issued and reply has been filed. The respondents have placed reliance on Note 3 of the Haryana Civil Services (Revised pay) Rules, 2008. Note 3 reads as under:- “In case of Government servant under suspension, he shall continue to draw subsistence allowance based on existing scale of pay and his pay in the revised structure of pay will be subject to final order on the pending disciplinary proceedings or otherwise a final order, as the case may be. As the petitioner is under suspension, he is not entitled for the benefit of new pay provision in view of the rules mentioned above.” Civil Writ Petition No. 7942 of 2009 -2- As per the Note, the petitioner would not be entitled to receive the subsistence allowance in revised pay scale. Counsel for the petitioner contends that rights of the petitioner cannot be taken away in this manner and makes prayer to challenge the vires of this rule. The present writ petition is, however, dismissed as withdrawn with liberty to the petitioner to make a challenge to the Rules, in case, he so advised. December 01, 2010 ( RANJIT SINGH ) rts JUDGE