1 2025:CGHC:12813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6235 of 2024 1 - Sanjay Gadpale S/o Late Ram Avatar Gadpale Aged About 34 Years R/o Jamkot Para Kondagaon, District -Kondagaon (C.G.) Through His Wife Pooja Gadpal W/o Sanjay Gadpal Age About 30 Years R/o Jamkot Para Kondagaon District - Kondagaon (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary Fisheries Department, Mahanadi Bhawan Mantralaya, Capital Compex, Atal Nagar Nawa Raipur, District - Raipur (C.G.) 2 - Director (Fisheries Nawa Raipur Atal Nagar District - Raipur (C.G.) 3 - Assistant Director ( Fisheries ) Narayanpur, District - Narayanpur (C.G.) ... Respondent(s) For Petitioner(s) : Ms. Anushka Sharma, Advocate on behalf of Mr. Manoj Paranjape, Advocate. For Respondent/State : Mr. Suyashdhar Badgaiyan, Dy. G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 18/03/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to pay the amount of subsistence allowance to the petitioner along with arrears from the date of his suspension. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.19 14:38:02 +0530 2 2. Learned counsel for the petitioner would submit that during the service period of the petitioner, on account of registration of FIR for misappropriation of public exchequer, the petitioner was arrested on 02/09/2023. He submits that after the arrest of the petitioner, his wife and children are facing whopping financial difficulties in their day to day life. Even, the wife of the petitioner moved an application before the respondent authorities for grant of subsistence allowance. Thereafter, the Assistant Director, Fisheries directed the petitioner to submit a certificate that no one in the family is engaged in service or in any business. Learned counsel would further submit that though the wife of the petitioner is working as Date Entry Operator, she is earning a meager amount towards her salary. 3. Learned counsel for the State, on the other hand, would submit that during the service period, the petitioner committed severe financial irregularities and also committed misappropriation of public exchequer and as such, he has been arrested on 02/09/2023 and he is in jail till 14/11/2024. Thereafter, he joined the service on 22/11/2024 and from the said date, the respondent authorities are granting the subsistence allowance to the petitioner. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. It is not in dispute that during the service period, the petitioner was arrested on account of registration of FIR against him. 3 Subsequently, pursuant to the order passed by this Court in MCRC No.7577/2024 on 12/11/2024, the petitioner has been released on bail. It is noteworthy to mention here that since the petitioner is in detention from 02/09/2023 to 14/11/2024, it is not possible for him to render service or business anywhere and as such, the petitioner is entitled for subsistence allowance during the incarceration period also. 6. The very expression 'subsistence allowance' has an undeniable penal significance. The dictionary meaning of the word 'Subsist' as given in Shorter Oxford English Dictionary, Vol.II at p. 2171 is "to remain alive as on food; to continue to exist". "Subsistence" means -- means of supporting life, especially a minimum livelihood. Therefore, even that amount is not paid, then the very object of paying the reduced salary to the employee during the period of suspension would be frustrated. The act of non-payment of Subsistence Allowance can be likened to slow-poisoning as the employee, if not permitted to sustain himself and his family on account of non- payment of Subsistence Allowance, would gradually starve themselves to death. 7. Having considered the entire facts and circumstances of the case, the respondent authorities are directed to release the subsistence allowance, as admissible, during the detention period of the petitioner within a period of 30 days from the date of receipt of copy of this order. 4 8. Accordingly, the present writ petition is allowed to the above extent. SD/- (Bibhu Datta Guru) Judge Amardeep/ Gowri