SHIV NARAYAN MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been preferred mainly for the reason that the Petitioner has not been paid subsistence allowances for the period of suspension. The Petitioner was suspended on 11th July, 1996. The Petitioner was convicted vide order dated 12th June, 2008 in the criminal matter. The Petitioner was paid subsistence allowance till October, 2008 and thereafter, neither any inquiry was conducted by the Respondents nor any order of dismissal was passed by the Respondents and the suspension was continued till the superannuation of the Petitioner i.e. on 31st March, 2011.Neither the departmental inquiry was conducted nor the Petitioner was dismissed from the services. No. specific order has been passed for the Petitioner and therefore, the Petitioner is entitled for subsistence allowances during the period of suspension. The Petitioner has already retired by reaching the age of superannuation on 31st March, 2011 and therefore, the present petition has been preferred for getting subsistence allowance from November, 2008 till 31st March, 2011.

(2.) COUNSEL for the RespondentState submitted that since there is a conviction, the Petitioner has been dismissed from the services. Similar order has been passed for other candidates also. Counsel for the RespondentState is also relying upon AnnexureA to the counter affidavit, filed by the Respondents and has also placed reliance upon Rule 43(a) of Jharkhand Pension Rules, 2000 and has submitted that once there is a conviction in the criminal case, the Petitioner is not entitled for subsistence allowances and therefore, the present writ petition deserves to be dismissed.

(3.) IN view of these facts and reasons, the Petitioner is entitled to the subsistence allowances and therefore, I hereby, direct the RespondentState to pay the Petitioner the subsistence allowances for the period running from November, 2008 till 31st March, 2011 within a period of four weeks from the date of receipt of a copy of an order of this Court.