Neutral Citation No. - 2025:AHC:72261 Court No. - 4 Case :- WRIT - A No. - 6053 of 2025 Petitioner :- Ashok Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Jai Prakash Prasad Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for following substantial relief: "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent No. 2 to reinstate to the petitioner on his service on the post of Constable with all consequential benefit." 3. It is contended that the departmental proceedings instituted against the petitioner has come to be stayed by this Court vide order dated 05.02.2025 passed in Writ A No. 19338 of 2024 and the criminal proceedings instituted against the petitioner in connection with the Case Crime No. 503 of 2024 has also come to be stayed under the order dated 05.03.2025 passed in Application Under Section 528 BNSS No. 7108 of 2025 and yet the respondents are not reinstating the petitioner with the status of suspended employee. 4. Upon a pointed query being made, learned counsel for petitioner could not dispute the fact that petitioner's status as suspended employee is continuing with the respondent establishment and he is being payed subsistence allowance. 5. It is a well settled principle of law that if the departmental proceedings have been stayed by the court of law this will not result in automatic reinstatement of suspended employee as the suspended employee continues to remain attached with the establishment and throughout such period he shall be paid subsistence allowance. 6. Since the petitioner is receiving subsistence allowance and is continuing with the status of a suspended employee, there is no justification to pass any further direction for reinstatement of a suspended employee. 7. In view of the above, this petition is held to be thoroughly misconceived and is accordingly dismissed. Order Date :- 6.5.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad