IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7912 of 2010 Upendra Narayan Yadav S/O Late Bano Mandal R/o Village + P.O. Bishanpur, P.S. Sonbarsa Kutchary, District Saharsa………………….Petitioner Versus 1. The State Of Bihar the District Magistrate, Saharsa 2. Sub - Divisional Magistrate, Simribakhtiyarpur Pur, District Saharsa. 3. District Panchayat Raj Officer, Saharsa. 4. Block Development Officer, Simribakhtiyar Pur, District Saharsa……………………….Respondents ----------- 4 17.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Admittedly, suspension of the petitioner stands revoked after expiry of three months. Learned counsel for the petitioner submits that petitioner has not been paid subsistence allowance of the suspension period. He also submits that petitioner will be entitled to full salary after expiry of three months when the suspension stands revoked by operation of law in terms of Rule 9(7) of the Bihar Government Servants (Classification, Control & Appeal) Rules, 2005. In respect of revocation of suspension and right of the delinquent to resume his duty with 2 consequential payment of full salary, law has been clearly laid down by a judgment of Full Bench of this Court in the case of State of Bihar Vs. Gyan Kumar Ram [2009 (4) PLJR 272]. In the circumstances, the writ application is disposed of with a direction to the respondents to pay the petitioner admitted subsistence allowance of the suspension period positively within one month from the date of receipt/production of a copy of this order, if not already paid. They are further directed to consider the claim of the petitioner for full salary of the period subsequent to expiry of three months in terms of the said judgment of the Full Bench of this Court and, particularly, in the light of observations made in paragraph 17 thereof. BT (J. N. Singh, J.)