IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15620 of 2009 1. RAJNATH YADAV S/O LATE ANHACHA YADAV VILL.- PARTAPUR, P.S.- GOH, DISTT.- AURANGABAD (BIHAR) Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE - CUM - COLLECTOR AURANGABAD (BIHAR) 3. THE SUPERINTENDENT OF POLICE AT AURANGABAD, DISTT.- AURANGABAD 4. THE SUB-DIVISIONAL TREASURY OFFICER DAUDNAGAR, AURANGABAD 5. THE ANCHAL ADHIKARI GOH BLOCK, DISTRICT- AURANGABAD (BIHAR) ----------- 2. 15.12.2009 Heard learned counsel for the petitioner and the State. Reserving the right to raise further challenges if necessary, learned counsel for the petitioner submits that despite revocation of the order of suspension on 4.10.2004 the subsistence allowance for the period of suspension that is, 4.2.1997 to 4.10.2004 has not been paid. Learned counsel for the State does not dispute the legal position that payment of subsistence allowance is a statutory obligation of the employer and not a bounty or grace given to the employee. If the petitioner has not been paid the subsistence allowance for the aforesaid period, as claimed, let the same be paid within a maximum period of four weeks from the date of receipt/production of a copy of this order before the concerned respondents failing which the legitimate dues shall carry interest at the rate of 3% till the date of payment to be 2 computed from today and the interest amount shall be recovered from the salary of the delinquent concerned who delays the payment to the petitioner. The writ application stands disposed. P. Kumar (Navin Sinha, J.)