The main legal point established in the judgment is the entitlement of the legal representatives to the salary, gratuity, provident fund, and family pension of the deceased appellant, treating the period of suspension as duty for all purposes, as per R.56B(2) Part I of the Kerala Service Rules.

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. 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