Judgment :- AR. Lakshmanan, J, Heard Mr. C.P. Sudhakara Prasad for appellant and Mr. P.K. Ravikrishnan, Government Pleader for respondents. The appeal is directed against the judgment in O.P. 12177/97 of a learned single judge of this Court dated 2.9.1997 directing the second respondent District Medical Officer of Health, Kollam to disburse the subsistence allowance with arrears to the petitioner within one month from the date of the judgment subject to the production of non-employment certificate to the office of the second respondent. The appellant filed the Original Petition for quashing the suspension order under Ext. P1 dated 18.7.1995 and for reinstatement in service. He was placed under suspension while he was holding the post of Health Inspector Gr. II. The allegation against the appellant is in respect of some irregularities noticed in the drawal and disbursement of T.A. and D.A. to the staff of P.H. Centre, Chithirapuram for the period from 30.8.1990 to 30.3.1991 in the Sub Treasury, Devikulam. The appellant was at that time working as Junior Health Inspector Gr. II in P.H. Centre, Chithirapuram. According to him he has no part to play either for drawal or for disbursement of the amount mentioned in Ext. P1 Therefore, he contended that he cannot be held liable for the act alleged in Ext. P1 order of suspension. It is also submitted that as a result of the suspension the appellant K.N. Rajendra Babu was hospitalised for paralysis of his left side in Sankar Memorial Hospital, Kollam for more than 41/2 months and thereafter he had undergone regular treatment for more than one year. In the above circumstances he submitted that keeping the appellant under suspension for more than two years without framing charges is totally illegal and against the rules. Though criminal case was registered against him in 1995, the investigation has not been completed. The Writ Petition was disposed of by a learned single judge of this Court by giving a direction to disburse the subsistence allowance with arrears. 2. The Writ Appeal was filed by Rajendra Babu on 21.11.1997 and subsequent to the filing of this appeal he died on 12.1.1998. His wife and children were impleaded as legal representatives of the deceased Rajendra Babu as appellants 2 to 6, as per order dated 12.6.1998 in C.M.P. 671/98. 2. The Writ Appeal was filed by Rajendra Babu on 21.11.1997 and subsequent to the filing of this appeal he died on 12.1.1998. His wife and children were impleaded as legal representatives of the deceased Rajendra Babu as appellants 2 to 6, as per order dated 12.6.1998 in C.M.P. 671/98. The wife of the deceased appellant has now filed an additional affidavit seeking certain modified prayers in view of the death of the appellant Rajendra Babu. The appellant Rajendra Babu filed the Original Petition with the following prayers: 1) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext. P1 and quashing the same, ii) issue a writ of mandamus or any other appropriate writ, direction or order asking the 1st respondent to reinstate the petitioner in service forthwith and to give him subsistence allowance during the period of suspension with interest at the rate of 18% per armum. iii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to give full salary to the petitioner from 18.7.1995 till the date of reinstatement in the category of Health Inspector Gr. II with interest at the rate of] 8% per armum, and iv) grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs." Granting of prayer Nos. (i) and (ii) does not arise at this stage. Therefore, the legal representatives of the deceased appellant will only be entitled to salary due to the deceased appellant from 18.7.1995 till the date of his death only, in the category of Health Inspector Gr. II. From the facts narrated in the additional affidavit (para 3) it is clear that the appellant Rajendra Babu continual under suspension from 18.7.1995 till his death on 12.1.1998. Disciplinary proceedings initiated against him was not completed and not even a charge sheet was issued to him. Hence, it is submitted that under R.56B(2) Part I of the Kerala Service Rules that period has to be treated as duty for all purposes and the family will have to be paid full pay and allowances to which he would have been entitled to and subsistence allowance already paid. Hence, it is submitted that under R.56B(2) Part I of the Kerala Service Rules that period has to be treated as duty for all purposes and the family will have to be paid full pay and allowances to which he would have been entitled to and subsistence allowance already paid. Since subsistence allowance was paid to the appellant Rajendra Babu from the date of suspension till the date of his death his legal representatives are entitled to get the salary due to Rajendra Babu as if he was not suspended from service. 3. R.56B(2) Part I reads as follows: "Notwithstanding anything contained in R.55, where an officer under suspension dies before the disciplinary, or court proceeding instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled had he not been suspended, subject to adjustment in respect of subsistence allowance already paid." In view of the above provision contained in the Kerala Service Rules the legal representatives of the deceased appellant are entitled to get an order from this Court to pay the salary due to Rajendra Babu from the date of suspension till the date of his death as if he was not suspended from service after deducting the subsistence allowance if already paid. It is submitted that since Ext. P1 order was passed on 18.7.1995 no salary was paid to Rajendra Babu during the month of July 1995. Hence, the salary was legitimately due to Rajendra Babu from 1.7.1995 to 12.1.1998. It is also claimed by the legal representatives that salary has to be paid counting the increments legitimately due to him every year and the pay revision, if any effected during that period. The wife of Rajendra Babu is entitled to get family pension counting the period from date of suspension till the date of his death as duty. The amount of gratuity also has to be disbursed treating the suspension period as duty. Further Provident Fund amount will also have to be given to Rajendra Babu treating the period of suspension as duty. It is stated in the affidavit that one of the sons of Rajendra Babu, K.R. Dinsha Raj is deaf and dumb. The amount of gratuity also has to be disbursed treating the suspension period as duty. Further Provident Fund amount will also have to be given to Rajendra Babu treating the period of suspension as duty. It is stated in the affidavit that one of the sons of Rajendra Babu, K.R. Dinsha Raj is deaf and dumb. The eldest daughter of Rajendra Babu is married and she is residing with her husband. The wife of Rajendra Babu KG. Ambika Kumari and other members are said to be residing in a house at Kadavoor, Perinad and that they were depending on the salary received by K.N. Rajendra Babu for their livelihood and after his death they are finding it difficult to carry on day to day affairs. In the above circumstances Rajendra Babu died while in service and K.R. Premlal, second son applied for the post of Lower Division Clerk in the Health Services Department under the dying-in-harness scheme. He has passed Pre degree and according to him he is qualified to be appointed as Lower Division Clerk in the government service. His application for appointment under the dying-in-harness scheme is also pending with the Government. Hence the legal representatives of the deceased appellant submitted that the Writ Appeal may be disposed of by issuing the following directions: i) to disburse the salary due to Sri. K.N. Rajendra Babu after deducting the subsistence allowance for the period from 1.7.1995 to 12.1.1998 to appellants 1 to 5. ii) to treat the period during which Sri. K.N. Rajendra Babu was kept under suspension under Ext. P1 order as duty for all purposes. iii) to disburse the gratuity and provident fund amount due to Sri. K.N. Rajendra Babu treating his period of suspension as duty. iv) to pay family pension to the I st appellant treating the period of suspension of Sri. K.N. Rajendra Babu as duty. v) to consider the application submitted by the 4th appellant for appointment under the dying-in-harness scheme as Lower Division Clerk in the Health Service Department treating that Sri. K.N. Rajendra Babu was in service and was on duty as Health Inspector Gr. II in the Health Services Department when he died on 12.1.1998." 4. We see merit in their submission. v) to consider the application submitted by the 4th appellant for appointment under the dying-in-harness scheme as Lower Division Clerk in the Health Service Department treating that Sri. K.N. Rajendra Babu was in service and was on duty as Health Inspector Gr. II in the Health Services Department when he died on 12.1.1998." 4. We see merit in their submission. We therefore, direct the State of Kerala to consider the prayers above referred to and pass suitable and appropriate orders in accordance with law within three months from the date of receipt of the copy of this judgment. The State of Kerala is also directed to consider the application submitted by fourth appellant K.R. Premlal for appointment under the dying-in-harness scheme in accordance with law and dispose of the same within three months from the date of receipt of the copy of this judgment. The above directions are now given in view of the death of the appellant during the pendency of the appeal in this Court. Writ Appeal is disposed of accordingly. C.M.P. No. 5 of 1998 stands dismissed. No costs.