IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5818 of 2009 SHYAM NARAYAN RAM son of Late Ram Khelawan Ram, resident of village- Karanpura, P.S.- Paliganj, District- Patna at present retired as Orderly-cum-Peon in the Department of Education, Govt. of Bihar. Versus 1.THE STATE OF BIHAR 2.The Commissioner-cum-Secretary, Department of Human Resources, Govt. of Bihar, Patna 3.The Director (Administration)-cum-Joint Secretary, Human Resources Development Department, Govt. of Bihar. ----------- 5 13.10.2009 Heard learned counsels for the petitioner and the State. The grievance of the petitioner is that pursuant to Annexure-2 the petitioner is not being paid the salary for the suspension period which was revoked as per the Annexure-2. It is submitted on behalf of the petitioner that on account of non-payment of the salary for the suspension period or not treating the aforesaid period as period spent on duty, the petitioner is not getting his pension. Learned counsel for the State submits that the aforesaid order contained in memo no. 179 dated 17th November, 1994, as contained in Annexure-2, has not been assailed by the petitioner nor the petitioner has ever represented against the said order, and as such, so long that order remains in existence, petitioner’s claim can not be allowed. Learned counsel for the petitioner submits that even though the period under suspension is excluded from calculating the pensionable service the petitioner is still entitled to receive the appropriate amount of pension for the service rendered prior to placing him under suspension. In the circumstances, learned counsel submits that for redressal of the above grievances petitioner proposes to represent the matter before the respondent no.3 who had issued the letter as contained in Annexure-2. In case such representation along with the relevant details and the copy of the relevant documents in support of the claim as also the certified copy of the present order is filed within four weeks from today, the respondent no.3 shall consider the grievances of the petitioner in accordance with law expeditiously preferably within a period of four months on receipt of such representation so that the grievances of the petitioner as raised in the representation could be settled without delay. The writ application is disposed of with the above observations/directions. Manish/- (Shailesh Kumar Sinha,J.)