DIPALI KUNDU Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this writ petition has prayed for directions to the respondents for payment of full salary for the period commencing from 27.11.1978 till 20 -4 -1987 after adjustment of the subsistence allowance paid to the petitioner.

(2.) DURING the pendency of the writ petition the Director, Social Welfare, Bihar, Patna by his Order no. 1764 dated 29.6.1996 (Annexure -2) issued directions that the petitioner will not be entitled to any allowance or salary in terms of Rule 97(5) of the Bihar Service Code except the subsistence allowance paid to her during the period of suspension and further that for the purpose of pension etc. the period of suspension will be treated as the period spent on duty. This order dated 29.6.1996 (Annexure '11 ') has been challenged by the petitioner by moving an application for amendment which had been allowed by this Court on 28.8.1997 while admitting the Writ Petition.

(3.) THE petitioner being aggrieved once again filed C.W.J.C. No. 6996 of 1992 praying that the order of punishment dated 20.4.1987 (Annexure '7 ') be quashed and directions for payment of salary from 27.11.1978 to 20.4.1987 and first and second time bound promotions along with the arrears of salary be issued against the Respondents and in favour of the petitioner.