Reinstatement during disciplinary suspension requires a fresh order; salary entitlements remain until discharge.

1 Disciplinary action was taken against one Ramachandran, Peon of the A. U. P. School, Ottappalam and he was removed from service by the 5th respondent Manager as per order dated 15-2-1975: On 2-6-1975 the Manager appointed the petitioner, Krishna Kumar, as a Peon in the above vacancy. The appointment was duly approved by the 4th respondent Assistant Educational Officer. The petitioner satisfactorily completed his probation and was continuing in service. But from 1-12-1976 onwards, the petitioner was not given his salary. The petitioner continued to work till 10-1-1978 when the petitioner was relieved by the Manager stating that Ramachandran, the peon removed from service, was ordered to reinstated by the 1st respondent State as per Ext. P2 order dated 8-11-1976. As the petitioner did not get his salary from 1-12-1976 to 10-1-1978, he submitted a representation to the 4th respondent through the Headmaster of the School. The 4th respondent sent a reply to the petitioner pointing out that since the enquiry against Peon Ramachandran was pending, the petitioner's grievances cannot be considered. The petitioner filed an appeal to the 2nd respondent Regional Deputy Director, Calicut. The petitioner also made a representation to the 1st respondent State. The petitioner also approached this Court with an original petition. This Court disposed of that original petition with a direction to the 2nd respondent to pass orders on the petitioner's representation. The 2nd respondent accordingly passed Ext. P3 order dated 3-5-1979 holding that the department is not liable to pay the petitioner his salary from 1-12-1976 to 10-1-1978 and the Manager was responsible for the irregular retention of the petitioner. Though the petitioner approached the Manager, his request for payment of salary was rejected by the Manager. It was under the above circumstances that the petitioner again approached this Court with this original petition.

2 A counter affidavit has been filed on behalf of the 1st respondent State. In the counter affidavit it is stated. The revision petition filed by Peon Ramachandran was allowed by Government as per Ext. P2 order directing the 5th respondent to reinstate him forthwith with liberty to conduct de novo enquiry. The Government have specifically ordered the reinstatement of Ramachandran. Hence he cannot be deemed to have continued under suspension as contended by the petitioner. The petitioner is not entitled to the salary from 8-11-1976 when Ext. P2 order was passed directing reinstatement of Ramachandran. If Ramachandran is not actually reinstated, as per the provisions contained in R.67, Chap.14A of the K. E. R. he has to be deemed to have been reinstated and it is the duty of the department to disburse his pay and allowances. Ramachandran was paid his salary from 1-12-1976 onwards. As the retention of the petitioner in service by the 5th respondent beyond 29-11-1976 was irregular, the department is not liable to pay his salary as claimed by the petitioner in the original petition. Ramachandran cannot be said to have continued under suspension as contended by the petitioner.

3 The points that arise for consideration are: (1) The Government in exercise of the powers in revision under R.92 Chap.14A of the KER set aside a penalty of removal from service and remits the ease to the authority which made the order. Can the Government order under R.92 reinstatement also if the person who was removed from service was under suspension pending disciplinary action; (2) If he was under suspension pending disciplinary action, which is the authority who can order reinstatement on the setting aside of the order of removal from service and (3) An appointment was made in the vacancy caused by the removal from service of a peon as a result of disciplinary action. The appointment was approved. Is not the appointee entitled to salary till he was actually relieved even though the Manager of the School delayed the implementation of the order settin