SAHDEO SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ has been filed for a direction upon the respondents to release the retiral dues as statutory and penal interest thereon to the petitioner.

(2.) SHORT facts of this case are that the petitioner was a Jan Sevak in Karon Block of Deoghar District. He was arrested in con nection with a criminal case (which has no concern with any departmental matter) bearing Pirpainti P.S. Case No. 127 of 1985 on 1 -12 -95 Consequent thereto, the petitioner was suspended w.e.f. 1 -12 -1995 (Annexure -1). The petitioner was released from jail custody on 16 -7 -1999 and he joined his office on 17 -7 -1999 No departmental proceeding was pending against him and thereafter he superannuated on 31 -7 -1999. The grievance of the petitioner is that during his period of suspension he was not given subsistence allowances consequently his family suffered and even after the retirement, the retiral dues has not been paid to him.

(3.) UNDISPUTEDLY the petitioner was in jail from 1 -12 -1995 to 16 -7 -1999. No formal or der revoking the suspension was passed though the payment for the period from the date of his submitting joining after being released on bail to the date of his superannuation has been paid (Annexure -E), which indicates that even though order revoking his suspension was not passed his joining was accepted and he was also paid the salary for the period thereafter till his super annuation. Thus he did not superannuate under suspension and the question of merging his suspension with his retirement does not arise.