IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7409 of 2010 Ramesh Chandra Yadav Versus The State Of Bihar & Ors ---------------------------------- 4 26.09.2011 Heard learned counsel for the petitioner and the State. The father of the petitioner was placed under suspension on 28.10.1992 which was revoked on 21.10.1994. The departmental proceeding remained inconclusive till the death of his father on 9.5.2009. The petitioner desires the salary of his father for the period of suspension. The petitioner claims that the departmental proceedings continued for 15 years during the service tenure of his father. The writ petition was filed on 27.4.2010 but no counter affidavit has been filed till today. In the limited nature of the claim this court is not persuaded to adjourn the matter. If as a matter of fact the suspension was revoked and the departmental proceeding remained inconclusive till death for reasons not attributable to the deceased, let the respondents decide the claim for salary in accordance with rules 11 of the Bihar C.C.A. Rules 2005 within a maximum period of three months from the date of receipt/production of a copy of this order before the respondents. Needless to say that if the respondents find justification in the claim or in any part of the claim, necessary consequential orders shall be issued simultaneously. In view of the statement of the petitioner made in paragraph no.11 itself that he and his four brothers constitute the legal heirs,the payment shall be received by the petitioner as the 2 nominee only on behalf of his other brothers also. The application stands disposed. M.Rahman (Navin Sinha, J)