JUDGMENT S. B. Sinha, J.-In this application the petitioner has p rayed for the following reliefs :- (i) for immediate fixation of his pay on the second and third revised scale of 1971 and 1981 respectively with promotion as given by the respondent no. 2 as per Annexures-1 to 4 series for immediate payment of Fun pay and allowances from 6.1.1966 to September, 1969 ; (ii) for immediate payment of all the arrear legal dues after fixing the revised scale and on the basis of promotion as per Annexures 1 to 4 series and payment of due earned leave salary from 5.8.65 to 28.10.65 and 16.12.65 to 5.1.66. (iii) for payment of suitable compensation amount of mental torture by the respondents on account of illegally withholding the above dues arbitrarily and with malafide intentions. (iv) for payment of interest on the above amount by way of fixation of his salary and after hearing the parties and perusing the show cause if any, filed by the respondent be further pleased to make to rule(s) order(s) direction(s) absolute. " 2. The fact of the matter lies in a very narrow compass. 3. Sheo Saran Prasad, the original writ petitioner who died during the pendency of this writ application at all materials times had been working in different capacities under the State of Bihar. He was initially appointed on 3.12.1956 at Hazaribagh Collectorate, but was placed under suspension on 6.1.1966 and was reinstated in the month of September 1969, Shri Prasad was neither paid any salary nor was paid subsisting allowance during the aforementioned period. According to the petitioner the original petitioner's eare leave was also not sanctioned for the period 5.8.1965 to 28.10.1965 and from 10.12.1965 to 5.1.1966. 4. The original petitioner further contended that although it should have been directed by the authority concerned that he had crossed the efficiency bar in the year 1966 and thereafter fixed his pay in terms of the recommendations of the third pay revision committee and the 4th pay revision committee which came into force w.e.f. 1.1.71 and 1.4.1981 respectively but no step in that regard, at all was taken. 5. In this case a counter affidavit had been filed. In the said counter affidavit it has been stated as follows :- "12. 5. In this case a counter affidavit had been filed. In the said counter affidavit it has been stated as follows :- "12. That the deponent states that on the basis of the revised pay, the provisional gratuity and pension has been revised and payment has been made on 8.7.1991 in the following heads and the wife of the petitioner has received it. (1) E. L. on full average pay has be en sanctioned vide D. C. Memo no. 25 (i) dated 4.7.91 as follows :- 5-8-65 to 28-10-65 85 days full average pay. 16-12-65 to 4-1-66 20 days 5-1-66 to 3-7-66 180 days on half average pay 4-7-66 to 30-9-69 1184 days Extra ordinary leave. (ii) pay in the scale of Rs. 105-3-123 EB-3-129-2-145-EB-2-155. fixed Rs. 260 on 01-1-1971 EB in the above scale on Rs. 123 from 3-12-1964 has been sanctioned by D. C. vide his memo no. 252 dated 4-7-1991. (iii) Due to promotion in Upper Division Clerk in the scale of Rs. 284-6-324 EB 8-372 from 27-2-1974 fixed Rs. 296 on 27-2-1974. (iv) As per 4th pay Revision Committee vide Govt. of Bihar Finance Department resolution no. 10770 dated 30-121981 pay fixed on 01-4-1981 Rs. 785/-. (v) Due to promotion in Junior Selection Grade in the scale of Rs. 680-15-890-EB-15-965 from 01-4-1981 pay fixed Rs. 890/-on 01-4-1981. (vi) Due to promotion in Senior Selection Grade the scale of Rs. 785-25-1135-EB-25-1210 from 01-4-1986 pay fixed Rs. 1085/-on 01-4-1986. But vide letter no. 2597F (2) dated 22-4-88 of Govt. of Bihar Finance Department. The pay of Senior Selection Grade in the scale of Rs. 785-25-1135-EB.25-1210 has been reduced in the scale of Rs. 730-15-820-20-980 20-1080/-in this scale pay fixed on 01-4-1986. In pursuance of the Fifth Revised pay scale the pay in the scale of Rs. 1400-40-1800-50-2300 Fixed vide Govt of Bihar letter no. 6621F (2) dated 18-12-1989 Rs. 1720 on 01-01-[986 and then in the scale of Rs. 1400-40-1600-50-2300-60-2600/fixed Rs. 1950/-on 01-4-1986. 14. That by office order dated 4-71991 passed by Deputy Commissioner full average pay for the period (i) 05-5-1965 to 28-10-1965-85 days (s) for the period 1612-1965 to 04-01-1966-20 days and half average pay for 05-01-1966 to 03-7-1966 180 days and extraordinary leave for 04-71966 to 30-9-1969-1189 days have sanctioned and accordingly bill has been prepared and payment will be made within two weeks. 15. 15. That by another order dated 04-7-1991 the petitioner has been ordered to cross the efficiency bar in the scale of Rs. 105-3-123-EB-3-129-2-145-2-155." 6. It has been stated in the counter affidavit that the original petitioner had also been paid substantial portion of his gratuity amount and a provisional pension for 34 months i.e. from 01-4-1988 to 31-01-1991. 7. It is, therefore, clear that the petitioner does not have any subsisting grievance with regard to the prayer of adjustment of earned leave as also fixation of scale of pay. The only dispute which arises for consideration is as to whether the respondents were correct in directing in terms of the office order dated 4.7.1991 which is contained in Annexure-C to the counter affidavit that the periods from 5.1.1966 to 3.7.1966 is to be treated on half pay leave and the period from 4.7.1966 to 30.9.1969 to be treated to be a period spent by the petitioner on extraordinary leave. 8. An employee while placed under an order of suspension is entitled to his subsistence allowance out in the event he is reinstated in service, a direction in this regard has to be made by the authority at the time of passing of an order of reinstatement and/or an order revoking the order of suspension in terms of Rule 97 of Bihar Service Code. 9. From the records it does not appear that any such order was passed by the competent authority in September 1969 while petitioner was reinstated in service. 10. It is not the case of the respondents that the petitioner was not fully exonerated so as to attract the provisions of sub-rule (2) of Rule 97 of the Bihar Service Code (assuming the said provision had any application to the facts of this case) and thus, there can not be any doubt that the direction of the Deputy Commissioner, Hazaribagh as contained in his office order dated 4.7.1991 (contained in Annexure-C to the counter affidavit) whereby the original petitioner had been directed to get only half salary for the period from 5.7. 1966 to 3.7.1966 and the period from 4.7.1966 to 30.9.1969 be treated as extra ordinary leave must be held to be wholly illegal and without jurisdiction. 11. 1966 to 3.7.1966 and the period from 4.7.1966 to 30.9.1969 be treated as extra ordinary leave must be held to be wholly illegal and without jurisdiction. 11. It is now well known that for the purpose of grant of extra-ordinary leave, the two pre-conditions as laid down under Rule 236 of the Bihar Service Code must be fulfilled. Such being not the position here, the petitioner is entitled to the full salary during the aforementioned period. 12. Mr. Prasad, submitted that the petitioners are also entitled to interest. Keeping in view of the fact that the original petitioner had approched this court after a long time, I am not inclined to direct payment of any interest on the amount due to them. 13. However, it is directed that the respondents must pay the legal dues of the original petitioner to the present petitioners as mentioned in paragraphs 12, 14 and 15 of the counter affidavit as also in terms of this order as early as possible and not later than two months from the date of receipt of copy of this order, failing which the petitioner shall be entitled to interest at the rate of 15% p. a. from the date of expiry of the aforementioned period till actual payment. 14. In the facts and circumstances of the case, the petitioner is also entitled to costs of this application which is quantified at Rs. 1,000/- 15. Let a copy of this application be handed over to the learned Standing Counsel no. 1.