- (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. The respondent appeared and filed counter affidavit on 21 -3 -2002 annexing Annexures -A to E. Annexure -A shows that a sum of Rs. 1,02,431.00 has been paid to the petitioner towards G.P.F. for the period from 1982 -83 to as on date along with upto date interest. It has further been said that he has not been paid any amount thereafter since the balance for the period has not been transferred from the office of the Accountant General, Bihar. Annexure -B shows the payment of Group Insurance amounting to Rs. 26.420.00, i.e., admissible amount under this head Annexure -C is the receipt given by the petitioner on 1 -4 -2000 which appears from his signature on the stamp affixed on this document and this document is with regard to the payment of the salary for the period from January ' 93 to November' 1995 along with increment. Thus the salary has been paid for the period prior to his arrest or suspension. Annexure -D is a document with regard to the payment of suspension allowances for the period from 1 -12 -95 to 16 -7 -99 amounting to Rs. 1,41,350.00. This amount has been received by the petitioner vide Cheque No. 132075 dated 18 -4 -2001 as per his endorsement made on this document. Annexure -E is the document with regard to the payment of salary for the period from the date of re -instatement/joining of the petitioner after being released from jail i.e. 17 - 7 -1999 to 31 -7 -1999, the date of his super annuation and this amount has been received by the petitioner on 18 -4 -2001 vide cheque No. 132075 dated 18 -4 -2001. Excepting gratuity most of the dues have been paid and only the salary for the suspension period has not been paid and withheld. The stand of the respondents is that it has been withheld according to law and Rules.
(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.;