JUDGMENT :

1. The petitioner herein seeks arrears of salary from 28-6-2005 to 26-3- 2008 and also for fixing his pensionary benefits on the basis of his last pay drawn by him. The aforesaid claim has been made on the following factual background :-

2. The petitioner while working as Head Constable in the Railway Protection Force (RPF) was placed under suspension on 28-6-2005, as offences punishable under Sections 147, 148, 302 read with Section 149 & 307 read with Section 149 of the IPC were registered against him, but no departmental enquiry was initiated against him and ultimately, he was acquitted from criminal charges on 13-3-2008 by the jurisdictional criminal court extending the benefit of doubt to him pursuant to which he submitted joining to the respondent authorities and upon consideration, the suspension order dated 28-6-2005 was revoked by order dated 5-5-2008 and he was reinstated in service, but the period from 28-6-2005 to 26-3-2008 was treated as “no work no pay” on the basis of circular dated 5-9-1970 issued by the Railway Board and as per Rule 54-B(3) of the Fundamental Rules, which has been called in question by way of this writ petition stating inter alia that sinc