Page No.# 1/5 GAHC010025262026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/951/2026 SIMA DEVI W/O KRISHNA RASILY R/O SEUJI PATH AMGAON CHANDRAPUR ROAD DIST. - KAMRUP (M) ASSAM PIN - 781026 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM DISPUR GUWAHATI - 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI - 6. 3:THE ADDL. SECRETARY TO THE GOVERNMENT OF ASSAM GENERAL ADMINISTRATION(SECRETARIAT ESTABLISHMENT) DISPUR GUWAHATI -6 ------------ Advocate for : MR. J PATOWARY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND ORS Page No.# 2/5 Linked Case : WP(C)/750/2026 SIMA DEVI W/O KRISHNA RASILY, R/O SEUJI PATH, AMGAON, CHANDRAPUR ROAD, DIST. - KAMRUP (M), ASSAM, PIN - 781026 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI - 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM GENERAL ADMINISTRATION DEPARTMENT DISPUR GUWAHATI - 6. 3:THE ADDL. SECRETARY TO THE GOVERNMENT OF ASSAM GENERAL ADMINISTRATION(SECRETARIAT ESTABLISHMENT) DISPUR GUWAHATI - Advocate for the Petitioner : MR. J PATOWARY, Advocate for the Respondent : GA, ASSAM, SC, GAD BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 28.07.2026 Heard Mr. J. Patowary, learned counsel appearing for the applicant. Also heard Mr. P. Nayak, learned Addl. Advocate General& Standing Counsel, GAD, appearing for the respondents. 2. By way of the present interlocutory application, the applicant seeks Page No.# 3/5 release of subsistence allowance at the enhanced rate of 75% w.e.f. 05/10/2025, in accordance with law. 3. The case of the applicant is that, having been placed under suspension on 05/07/2025, she became entitled to receive subsistence allowance at the enhanced rate of 75% upon expiry of the initial period of 3 months, i.e, with effect from05/10/2025. 4. It appears from the records that the Joint Secretary to the Government of Assam, General Administrative Department, by order dated 05/02/2026 directed release of subsistence allowance to the applicant in terms of Government letter dated 25/09/2025. The relevant portion of the said communication reads as under- “GOVERNMENT OF ASSAM GENERAL ADMINISTRATION (SECTT. ESTT.) DEPARTMENT DISPUR:: GUWAHATI-6 Block-A, Ground Floor, Janata Bhawan, sad.assam@gov.in, gad.assam.gov.in eCF No. 186761/531 From: Deputy Secretary to the Govt. of Assam, General Administration Department To : The Accountant General (A&E), Assam Maidamgaon, Beltola, Guwahati-29 Page No.# 4/5 Sub: Grant of Subsistence Allowance to Smt Sima Devi, Assistant Section Officer (under suspension). Sir, In am directed to convey the sanction of the Governor of Assam to the grant of subsistence allowance to Smt. Sima Devi, Assistant Section Officer (under suspension) at an amount equal to the leave salary which she would have drawn if she had been on leave or on half average pay or on half pay and in addition dearness allowance based on such leave salary for a period of 3 (three) months with effect from the date of suspension, i.e. 05/07/2025 under F.R.53(1)(ii)(a) of F.R.s and S.R.s. Drawal of subsistence allowance is subject to production of certificate that she is not engaged in any other employment, business, profession and fulfillment of other conditions laid down for drawal of such allowance. Yours faithfully Digitally signed by CHANDAN KAKOTI Date: 25-09-2025 16:15:54 Deputy Secretary to the Govt. of Assam General Administration Department.” 5. Learned counsel for the applicant submits that since the applicant was placed under suspension on 05/07/2025, she became entitled to enhancement of subsistence allowance upon expiry of the initial period of 3 months. It is contended that, despite the clear mandate contained in the proviso to F.R. 53(1) (ii)(a), the respondents have continued to release subsistence allowance only at the rate admissible during the first 3 months. Learned counsel for the applicant has also drawn the attention of this Court to the representation Page No.# 5/5 dated17/01/2026 submitted by the applicant, which is stated to be pending consideration. 6. Having heard the learned counsel appearing for the parties and upon perusal of the materials placed before this Court, particularly, the Government communication dated 25/09/2025, it appears that the applicant was sanctioned subsistence allowance only for the initial period of 3 months from the date of suspension. Any enhancement beyond the said period is governed by the proviso to F.R. 53(1)(ii)(a). 7. It further appears that the applicant has already submitted representation dated 17/01/2026 seeking enhancement of subsistence allowance, which admittedly remains pending for consideration. 8. In view of the above, this interlocutory application is disposed of by directing the competent authority to consider and dispose of the applicant’s representation dated 17/01/2026, strictly in accordance with F.R. 53(1)(ii)(a), by passing a reasoned order, within a period of 2(two) weeks from the date of receipt of a certified copy of this order. 9. The interlocutory application stands disposed of. JUDGE Comparing Assistant