Rajesh Singh vs State Of U.P. And 3 Others
2016 Latest Caselaw 1248 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 14692 of 2016
 

 
Petitioner :- Rajesh Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Anant Ram Dube,Omkar Dutt Malviya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

It is urged by the learned counsel for the petitioner that the petitioner's subsistence allowance has not been paid. He has placed reliance on judgment of Supreme Court in the case of Satwati Deswal v. State of Haryana, 2009 Law Suit (SC) 1463. Withholding of subsistence allowance has been held to be arbitrary by Hon'ble Supreme Court in the case of Cap. M.Paul Anthony v. Bharat Gold Mines Ltd. and another [AIR 1999 SC 1416].

learned Standing Counsel may file counter affidavit within four weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this case on 19.05.2016 among top ten cases.

In view of the above, the petitioner is granted liberty to move an application for payment of subsistence allowance pending the present proceedings. In the event, any such application is made within ten days, the authority concerned shall pass an appropriate order for payment of subsistence allowance to the petitioner, if it has not already been paid, within next six weeks.

Order Date :- 4.4.2016

AU