1 2025:CGHC:6093 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3099 of 2023 1 - Gurpreet Singh S/o Shri Mahinder Singh Aged About 36 Years Residence Of Vasundara Nagar Bhilai - 3, District - Durg (C.G.) At Present Sattipara Ambikapur, District - Surguja (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through - The Secretary, Higher Education Department Mantralaya, Mahanadi Bhawan, Atal Nagar Nawa Raipur, District - Raipur (C.G.) 2 - State of Chhattisgarh, Through Secretary, Technical Education Department Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh. 3 - Chhattisgarh Swami Vivekanand Technical University, Through Registrar, Chhattisgarh Swami Vivekanand Technical University, Newai, P.O. Newali, Bhilai District Durg Chhattisgarh. 4 - Sant Gahira Guru Vishwavidhyalay, Through Registrar, Sant Gahira Guru Vishwavidhyalaya, Ambikapur District Surguja Chhattigsarh. 5 - Vishwavidhyalay Engineering College, Through Principal, Vishwavidhyalay Engineering College, Lakhanpur (Ambikapur) District Surguja Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Petitioner in person For State/Respondents No.1 and 2 : Shri Suyashdhar Badgaiya, Dy. Govt. Advocate For Respondents No.3 and 5 : Shri Neeraj Choubey, Advocate For Respondent No.4 : Shri Amrito Das, Advocate Digitally signed by GOPAL SINGH Date: 2025.02.13 11:17:26 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 3/02/2025 1. The petitioner, who appears in person, submits that he is not being paid subsistence allowance for the period when he was suspended and thereafter upon filing of the application respondent No.1 has dismissed the application/representation of the petitioner stating that he has not filed a mandatory certificate showing that during the said period he was not employed and he was not in any gainful employment. Upon query, the petitioner in person submits that inadvertently he could not file the said certificate, however, later on, he has been terminated from service and he is in acute need of money which has not been paid by the respondents authorities especially respondent No.3. 2. Learned counsel appearing for respondents No.3 and 5 submits that the certificate has not been filed, therefore, the impugned order has been passed, however, he admits that if such a certificate will be filed by the petitioner, the same will be considered and verified and accordingly upon verification, if it is found that the petitioner was not in any gainful employment, the subsistence allowance will be paid to him. 3. The petitioner in person, at this stage, has placed an order of a Co-ordinate Bench of this Court dated 11.11.2024 passed in WPS No.3095 of 2023 (Sudeep Shrivastava v. State of Chhattisgarh and others) in which an identical case where respondent No.3 is also the same institution, this Court has directed for payment of subsistence allowance within a period of thirty days from the receipt of a copy of the said order. 3 4. Considering the aforesaid aspect of the matter, this petition is disposed of with a direction to the petitioner to file an appropriate certificate before respondent No.3 showing that he was not in any gainful employment at the time when he was suspended and in turn respondent No.3 is directed to consider the said certificate of the petitioner in accordance with law and pass appropriate orders in respect of subsistence allowance to be granted to the petitioner when the petitioner was suspended. The said exercise be done within a period of thirty days from the date of receipt of a copy of this order. The petitioner is directed to file his certificate within a week from the date of receipt of this order and in turn the respondents are directed to verify the said certificate within thirty days from the receipt of the said certificate from the petitioner and if the petitioner is found fit for subsistence allowance that will be paid to him within a further period of fifteen days. 5. With the aforesaid observations and directions, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh