IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4910 of 2007 Kapil Thakur @ Kapil Dev Sharma, S/o Late Mathura Thakur, resident of Village Garjubigha, P.S. Konch, Dist. Gaya. ------- Petitioner Versus 1. The State of Bihar through Secretary, Department of Human Resources, Government of Bihar, Patna. 2. District Education Officer, Gaya District. 3. Regional Deputy Director of Education, Gaya District. 4. Sub Divisional Education Officer, Gaya. 5. Headmaster-Samta High School, Kranti Nagar, Guraru, P.S. Konch, Dist. Gaya. -------- Respondents ----------- 2 18.08.2011 Having heard Mr. K.M. Joseph, learned counsel for the petitioner, and counsel for the State, the issue as with regard to the payment of salary to the petitioner from March, 2002 till 20.9.2007, would no longer survive, inasmuch as, the petitioner’s services were dispensed with on 20.9.2007 on the ground of his being a convicted person, which order has been challenged by him in a pending appeal before the Regional Deputy Director of Gaya district. In the said order, it has been mentioned that the petitioner will be entitled for payment of salary of subsistence allowance for the period of suspension. Therefore, the respondents were only required to pay subsistence allowance for the period of suspension of the petitioner as shown in the order dated 26.6.1998. Mr. Joseph, however, would submit that the petitioner has already been paid such subsistence allowance till March, 2002, whereafter, the petitioner was neither paid salary nor subsistence allowance. In the considered opinion of this Court, this much grievance of the petitioner, in view of the order of termination of service dated 20.9.2007, will have to be re-examined and if it is 2 found that the petitioner’s payment of subsistence allowance for the period, in question, after March, 2002 up to 20.9.2007 was not made, the Director, Secondary Education, being the competent authority, shall take his final decision as with regard to the payment of admissible amount of subsistence allowance. It is, however, made clear that the petitioner will not be entitled for payment of salary for the period of suspension, inasmuch as, the said order of suspension has ultimately merged into order of termination of the service on account of his being a convicted Government servant. Therefore, till the disposal of the appeal of the petitioner against the order of his termination of service, the petitioner would be only entitled for payment of subsistence allowance as already allowed by the authority in the order contained in Anenxure-5. The Director, Secondary Education, therefore, should take his decision as with regard to payment of balance amount of subsistence allowance after receiving a report from the concerned District Education Officer and in the event, it is found by him that the petitioner is entitled for payment of subsistence allowance for any portion of the period of suspension, he would direct for its immediate payment. The whole exercise including payment of admissible amount, if any, must be completed within a period of six months from the date of receipt/production of a copy of this order by the Director, Secondary Education. The petitioner will also have liberty to file a 3 representation enclosing a copy of this order. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)