IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4104 of 2008 RAJENDRA JHA s/o Late Dev Narayan Jha, resident of Village Panchbir P.S.Sahebpur Kamal Dist.Begusarai. Versus 1.THE STATE OF BIHAR through the Chief Secretary,Govt. of Bihar, Patna. 2.The Commissioner cum Secretary, Primary Education,Govt. of Bihar, Patna. 3.The District Magistrate, Begusarai 4.The District Superintendent of Education,Begusarai 5.The Area Education Officer,Balia, Begusarai. ----------- 2 28.8.2009. Petitioner has filed this application for a direction to the respondents authorities for making payment of arrears of salary for the period of suspension from 6.9.2005 to 20.4.2007 and also for grant of annual increment due since 2006 till the date of his superannuation. Petitioner has superannuated from his service in March 2008. He was initially appointed as Assistant Teacher in Rakkiya Middle School, Sanha, Pnwari Tola Sahebpur kamal. While the petitioner was posted as Incharge Headmaster he was placed under suspension vide order contained in Memo no.2394 dated 6.9.2005 issued by District Superintendent of Education, Begusarai. Petitioner challenged the order of suspension by filing C.W.J.C.No.3410 of 2007. During pendency of the writ application the order of suspension was revoked by order contained in memo no.1054 dated 20.4.2007 issued by the District Superintendent of Education, Begusarai. The writ application was also disposed of on consideration of the fact that the grievance of the petitioner has been redressed. Petitioner’s case is that during suspension period he was not paid his subsistence allowance and after revocation of suspension, his salary for the period of suspension has not been paid 2 though there was no such order whereby the payment of salary could have been stopped. Considering the fact that the petitioner has already superannuated and suspension order was revoked unconditionally, the respondents are directed to make payment of salary for the period of suspension i.e.6.9.2005 to 20.4.2007 to the petitioner within four weeks from the date of receipt/production of a copy of this order. The annual increment which was not allowed to the petitioner in 2006 should also be considered and allowed to him in accordance with law. This application is allowed. Sss/- (Mridula Mishra, J)