1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 614/2005 (Smt. Meena Devi Vs. State of Rajasthan & Ors.) Date of Order : 01/02/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Basti Chand for the petitioner. Mr. Rameshwar Dave, Dy. Govt. Advocate for respondents. BY THE COURT:- Heard learned counsel for the parties. By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to make payment of arrears of salary, selection grades benefits, gratuity, leave salary and family pension etc. accruing to the Government servant Late Shri Ram Avtar Singh, the Lower Division Clerk, husband of the present petitioner. It is contended by learned counsel for the petitioner that by order dated 12.5.2000 Annex.R-8 it was ordered that the petitioner's husband is entitled for the subsistence allowance 2 only for the period of suspension and no other amount is payable for that period as also the period of suspension has not been considered as continuity of service. Subsequent thereto, by order Annex.7 dated 20.9.2000, while modifying the order dated 12.5.2000 Annex.R-8, the period of suspension was regularised and the husband of the petitioner was granted pay and allowances after adjusting the subsistence allowance already paid to the deceased Govt. servant Ram Avtar. Learned Deputy Govt. Advocate appearing for the respondents submits that the order Annex.R-8 has been modified by the respondents vide order dated 20.9.2000 whereby the period of suspension of the deceased govt. servant was regularised with all benefits and after deducting the subsistence allowance paid to him, the deceased govt. servant was held entitled for the remaining pay for the entire period of suspension. In the reply to the writ petition, it has been stated that the order dated 12.5.2000 Annex.R-8 was modified by order dated 20.9.2000 taking a sympathetic view and the suspension period of the petitioner's husband was ordered to be counted as regular service in accordance with Rule 54 (2) of the Rajasthan Service Rules and the husband of the present petitioner was considered to be entitled for all the benefits admissible under the Rules including for the period of suspension and after adjusting the subsistence allowance already paid to the deceased govt 3 servant for the period of suspension salary, fixation of pay along with selection grade amounting to Rs.1,34,009/- has already been paid to the petitioner vide Bill No.257 dated 12.1.2001. It has also been stated that the amount of gratuity has been paid to the petitioner and his two sons namely Devendra Singh and Anil Singh vide GPO No.403174 and 403175 on 16.2.2001. The family pension has already been sanctioned vide F.P.P. Order No.400599 dated 16.2.2001 and thus all the dues accrued to the deceased govt. servant have been paid to the petitioner. Keeping in view the order dated 20.9.2000 by which the order dated 12.5.2000 Annex.R-8 has been modified, the grievance of the petitioner to order Annex.R-8 does not survive. So far as the various payments of benefits accrued to the deceased govt. servant are concerned, the State came with a case that they have already been paid to the petitioner and her two sons Devendra Singh and Anil Singh. Even otherwise, if any amount has remained unpaid it would be open for the petitioner to make a representation ventilating her grievance if any. In the result, nothing survives in the writ petition and therefore, it is disposed of. However, it is made clear that if any amount due to the deceased govt. servant has not been paid to the petitioner, it will be open for the petitioner to make a representation to the respondents ventilating her grievance if any and if such a representation is made by the petitioner, the 4 respondents shall decide the same in accordance with law utmost expeditiously. There shall be no order as to costs. (H.R.PANWAR),J. rp