Financ Department has issued a circular on 25th October 2011 stating that the benefit of pay revision as per 6th pay commission will not be admissible to r the employees who died after 1-1-2006 while under suspension.
There is a specific provision in Rule 13(4) of M.C.S.(D.&A.) Rules 1979, that disciplinary proceedings come to an end on the death of the delinquent employee and they cannot be continued after his death.Similarly there is a specific provision in Rule 72(2) of of M.C.S.( Joining time, foreign service and payments during Suspension,Dismissal and Removal) 1981 that where a Government Servant under Suspension dies before the disciplinary or court proceedings instituted against him are concluded , the period between the the date of suspension and the date of death shall be treated as duty for all the purposes and his family shall be paid the full pay and allownnces for that period to which he would have entitled , had he not been suspended subect to the adjustment in respect of subsistence allowance.
In view of the abovementioned specific provisions in the Service Rules, the denial of benefit pf pay revision to the employeesuspende prior to 1-1-2006 and died after 1-1-2006 while under suspension. will be illegal and it will cause injustice to the heirs of the deceased employee while under suspension.
It is hoped that the Finance Department will reconsider the matter once again and will issue revised instructions.
I am sending a letter to Finance Department seperately.
Shridhar Joshi
There is a specific provision in Rule 13(4) of M.C.S.(D.&A.) Rules 1979, that disciplinary proceedings come to an end on the death of the delinquent employee and they cannot be continued after his death.Similarly there is a specific provision in Rule 72(2) of of M.C.S.( Joining time, foreign service and payments during Suspension,Dismissal and Removal) 1981 that where a Government Servant under Suspension dies before the disciplinary or court proceedings instituted against him are concluded , the period between the the date of suspension and the date of death shall be treated as duty for all the purposes and his family shall be paid the full pay and allownnces for that period to which he would have entitled , had he not been suspended subect to the adjustment in respect of subsistence allowance.
In view of the abovementioned specific provisions in the Service Rules, the denial of benefit pf pay revision to the employeesuspende prior to 1-1-2006 and died after 1-1-2006 while under suspension. will be illegal and it will cause injustice to the heirs of the deceased employee while under suspension.
It is hoped that the Finance Department will reconsider the matter once again and will issue revised instructions.
I am sending a letter to Finance Department seperately.
Shridhar Joshi
