CWP No.81 of 1988 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 81 of 1988 Date of Decision: 11 - 11 - 2008 Sukhdev Singh ....Petitioner v. The Punjab State Cooperative Supply and ....Respondent Marketing Federation Ltd., Chandigarh CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: None for the petitioner. Mr.A.C.Jain, Advocate for the respondent. *** KANWALJIT SINGH AHLUWALIA (ORAL) The present writ petition has been filed only seeking subsistence allowance at the rate of 50% with effect from 17.5.1983 to 16.11.1983 and further at the rate of 75% of his salary as subsistence allowance for the period from 17.11.1983 onwards, when petitioner remained suspended. Mr.Jain has placed on record letter issued by Manjit Singh, Chief Manager (Law). The same is taken on record as Mark `R-1'. The portion of the letter reads as under:- “This is with reference to our discussion and pendency of the aforesaid writ petition for regular hearing on 23.3.2005. As CWP No.81 of 1988 [2] desired, it is informed that Shri Sukhdev Singh was placed under suspension on 17.3.1983. However, he was issued with a charge sheet on 26.7.1985 and after holding a regular departmental enquiry, he was dismissed from service of Markfed on 5.10.1988, copy of the order is enclosed. It was also ordered that he shall not be paid anything over and above the subsistence allowance for the period of suspension. However, Shri Sukhdev Singh filed an appeal and the same was considered by the Administrator, Markfed. Vide orders dated 23.2.2001, he was reinstated into service without payment of any back wages and his pay was ordered to be fixed from November 1989. While fixing his pay, the period of suspension from 17.3.1983 to 4.10.1988 was taken out and no benefit of this period was given to him. In view of the above and the order dated 5.10.1988 and appellate order dated 23.2.2001, Shri Sukhdev Singh was not to be paid anything over and above the subsistence allowance for this period. It is also informed that as per record, no subsistence allowance was paid to him during the period of suspension. This is for your information.” Mr.Jain state that since petitioner was reinstated in service without payment of any back wages and his pay was ordered to be refixed from November, 1989, therefore, while fixing his pay the period of suspension from 17.3.1983 to 4.10.1988 was taken out and no benefit of this period was given to him. Mr.Jain further state that as per order dated 5.10.1988 and order dated 23.2.2001 Sukhdev Singh was not paid anything CWP No.81 of 1988 [3] over and above the subsistence allowance. Since the employee has been reinstated and it has been stated that no back wages are to be paid and he is not entitled to any other amount over and above the subsistence allowance, therefore, in view of the communication received by Mr.Jain and placed on the record of this case, the present writ petition has been rendered infructuous. Dismissed as having been rendered infructuous. ( KANWALJIT SINGH AHLUWALIA ) November 11, 2008. JUDGE RC