Judgment :- (The Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus as stated therein.) The Writ Petition has been filed praying for the issuance of a Writ of Mandamus to direct the respondents to pay the monetary retirement benefits and other monetary benefits, including the unpaid salary, incremental and promotional benefits, as per the petitioner's seniority and also pension payable to the petitioner as per law. 2. Heard the learned counsel for the petitioner as well as for the respondents. 3. The brief facts of the case, as stated by the petitioner, are as follows:- The petitioner was working as a teacher in the fourth respondent school from 29.12.1980. While so, the petitioner was placed under suspension from service, on 11.10.1999, by the fourth respondent, vide his proceedings Na.Ka.No.9444/99, dated 11.10.1999. The order of suspension was extended by proceedings Na.Ka.No.9444/99, dated 22.11.1999. Subsequently, it was further extended by proceedings Na.Ka.No. 9444/99, dated 07.12.1999. 4. The petitioner was reinstated in service from 07.07.2000, vide proceedings Na.Ka.No. 9648/2000, dated 07.07.2000. Later, the petitioner had retired from service, on attaining the age of superannuation, on 31.07.2005, based on the proceedings of the fourth respondent Na.Ka.No. 0087/05, dated 27.07.2005. 5. The learned counsel appearing on behalf of the petitioner states that the petitioner was not paid the salary for nine months during the period he was under suspension and even after his reinstatement. The petitioner was also not given any increment or promotion till the date of his superannuation. Further, the petitioner has not been paid the retirement benefits, including the pension, which he is entitled to. 6. The learned counsel appearing on behalf of the fourth respondent had filed a counter affidavit in which it is stated as follows:- "The school had collected salary for all the days the petitioner had worked in the school from the Education Department and paid over to him. In fact, for the period from 18.01.1994 to 13.12.1996, the school had collected the salary due to the petitioner from the Education Department, amounting to Rs.1,01,008/- and paid over to him on 26.08.1997. Hence, no amount is due from the School towards the same to him as on date. For the periods during which the petitioner was under suspension also, the School had taken steps, collected the subsistence allowance from the Education Department and paid over to him. Hence, no amount is due from the School towards the same to him as on date. For the periods during which the petitioner was under suspension also, the School had taken steps, collected the subsistence allowance from the Education Department and paid over to him. Further, to treat the period during which he was under suspension as leave period without salary i.e., from 24.10.2005 and the period during which he was under suspension for the offences committed by him in a place of worship, the School had requested him on 16.06.2004, to give an Application. Even thereafter, he had not given any Application. Further, he had also refused to refund the subsistence allowance received by him. Therefore, the School was not able to get the suspension period regularised and consequently, get the increment in salary and pension benefits to him. However, he has sent an Advocate Notice, dated 10.02.2006, containing incorrect and unsustainable statements and claims. For which, the School has sent a detailed reply, dated 24.02.2006, stating all the above facts. I state that after compliance of the prescribed procedures and formalities, the Government will pay the retirement benefits and the monthly pension to him directly. For which, the petitioner has to give an application and also refund the subsistence allowance received by him. The School is ready to sign all the required documents, forward the said application to the third respondent and get his approval. Thereafter, the services of the petitioner would be regularised till his retirement, his pay fixed, retirement benefits calculated and paid over to him along with his monthly pensions. However, without following the above procedures and formalities, submitting the application and refunding the subsistence allowance received by him, the petitioner has straight away filed the above writ petition before this Hon'ble Court. Therefore, on the face of it, the writ petition is not maintainable and the same is liable to be dismissed." 7. At this stage of the hearing of the writ petition, the learned counsel for the petitioner had submitted that he may be permitted to submit the necessary applications, before the concerned respondents, to get the monetary benefits said to be due to him. At this stage of the hearing of the writ petition, the learned counsel for the petitioner had submitted that he may be permitted to submit the necessary applications, before the concerned respondents, to get the monetary benefits said to be due to him. In such circumstances, this Court is of the considered view that the petitioner could be permitted to submit an application to the fourth respondent in the prescribed form, along with the necessary particulars, on condition that he refunds the subsistence allowance received by him. 8. On such submission being made and based on the undertaking given on behalf of the petitioner that the petitioner would refund the subsistence allowance received by him during the period of his suspension from service, the petitioner is permitted to submit an application in the prescribed form, along with the necessary particulars, to the fourth respondent, who in turn would send the same to the third respondent herein. On receipt of the application submitted by the petitioner, the third respondent is to pass appropriate orders, on merits and in accordance with law, within a period of six weeks thereafter. With the above directions, the writ petition is disposed of. No costs.