IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 2957 of 2006 Ram Bali Ram, son of late Gobind Ram, resident of village – Barkagaon, P S – Tarari, District – Bhojpur - Petitioner Versus 1 The State of Bihar through Commissioner –cum- Secretary of Primary Education Department 2 District Superintendent of Education, Bhojpur, Ara 3 Block Development Education Officer, Tarari, Bhojpur Respondents ----------- 5 29.03.2011 It is regrettable that even in respect of such small issue, the State remains in deep slumber waiting for some incentive to get up. The petitioner was taken into custody in relation to a criminal offence, not concerning his service, on 19.09.2005. He was then released on bail on 13.12.2005 in terms of Section 167 (2) of the Code of Criminal Procedure. Pursuant to directions of the DDC, his suspension was revoked by order dated 20.01.2006. The petitioner has come to this Court by filing this writ application in the year, 2006 claiming that, for the four months, he was put under suspension. He was at least entitled to subsistence allowance which has not been paid. The matter has been taken up on three occasions with the learned counsel for the State desperately seeking time but could not get any instruction from the State. In my view, it is futile to waste further time, money and energy over this trivial matter. I direct the respondent-District Superintendent of Education, Bhojpur at Ara (respondent No 2) to ensure payment of subsistence allowance to the petitioner for the period as aforesaid under which he was under suspension because under no 2 circumstances can subsistence allowance be denied to an employee. The payment should be made within one month of production of a copy of this order before the District Superintendent of Education aforesaid. With this direction, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)