IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9943 of 2001 RAJNI RANJAN PRASAD Versus STATE OF BIHAR & ORS For the Petitioner :Mr. Shivendra Kishore For the State :Mr.Sunil Kumar Mandal,SC 15 & :Mr.Bipin Kumar,JC to SC 15. ----------- 11. 17.09.2008 Heard learned counsel for the petitioner and the State. A first information report was lodged on 12.5.1969 against the father of the petitioner on allegations of demanding and accepting illegal gratification as a government servant. This led to his suspension on 14.6.1969 which was revoked on 18.5.1982. The revocation order said that a decision with regard to the period of suspension shall be taken upon conclusion of the criminal trial. On 30.6.1994, the father of the petitioner was convicted. After his conviction the father of the petitioner does not appear to have taken recourse to any legal remedy for an appropriate decision for the period of suspension in pursuance of the order of revocation. Presumably, he was conscious of the frivolity of his claim. The issue of pensionary and other retiral dues after his superannuation and consequent death on 17.11.1997 and the right of his legal heirs to receive the same is entirely distinct matter from service dues during the service period which the employee himself did not desire to pursue. - 2 - For the aforesaid reasons as also that ultimately ground on which the father of the petitioner was suspended has led to his conviction and which conviction has not been stayed, the mere pendency of an appeal does not persuade this Court to grant salary for the period of suspension. The application is dismissed. HR ( Navin Sinha )