AND WRIT PETITION 21264 of 2008 ORDER : (per Hon’ble Sri Justice P.Sam Koshy)

None appears on behalf of the petitioner. There was also no representation when the matter was taken-up earlier.

2. The present is the writ petition, which has been filed seeking for a direction against the respondents to treat the suspension period which the petitioner in turn as period spent on duty for the specific purpose of pensionary benefits, increments only so far as grant of pensionary benefits.

3. It is a case where the petitioner was subjected to disciplinary proceedings and at the finalization of proceedings, he was found guilty and was ordered with punishment of dismissal from service. The matter travelled up to the Hon’ble Supreme Court and where the Hon’ble Supreme Court modified the punishment substituting the punishment of dismissal into one of compulsory retirement, which was duly complied with by the respondent. However, there was no order specifically passed as to how the intervening period of suspension has to be treated in terms of F.R.54-A r/w F.R.54 and F.R.54-B and it is for this reason, the petitioner has filed this writ petition.

4. Considering the fact that the order of punishment