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1996 DIGILAW 516 (SC)

Bibhuti Bhushan Chaudhary v. Union Of India

1996-02-23

G.T.NANAVATI, S.C.AGRAWAL

body1996
ORDER Writ Petition (C) No. 323 of 1994 1. The question that arises for consideration in this writ petition is whether the period during which the petitioner was under suspension could be excluded for the pulpose of computing the pension payable to him. 2. The petitioner was employed as Station Master in the Railways. By order dated 19-1-1962 he was placed under suspension on account of his failure to join duty at the place of transfer. The said order of suspension continued in operation till 8-5-1970 when the petitioner was allowed to join duty. He retired from service on attaining the age of superannuation on 31 - 1 - 1980. It appears that disciplinary proceedings had been initiated against the petitioner but the same could not be completed till he retired. The petitioner has been paid subsistence allowance for the period of suspension. 3. The learned counsel for the petitioner has confined his submissions to the computation of the pension payable to the petitioner and has urged that although the subsistence allowance has been paid to the petitioner for the a period of suspension the said period has been excluded from the qualifying service of the petitioner for the purpose of computing the pension payable to him. Having regard to the fact that the petitioner has been paid the subsistence allowance for the period of suspension, the said period of suspension could not be excluded from the qualifying service for the purpose of computing pension of the petitioner and the pension payable to the petitioner should be calculated by taking into account the said period of suspension as part of his qualifying service. It is, therefore, directed that the petitioner is entitled to count the period of suspension as part of his qualifying service for the purpose of computing the pension payable to him. The amount of pension payable to the petitioner 4. Jn view of the above decision in Writ Petition (C) No. 323 of 1994, the learned counsel for the petitioner does not press the petition. The SLP is dismissed as not pressed.