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Judgment
Heard Mr. Anjan Sahu, learned counsel appearing for the petitioner.
Issue notice, returnable within 4 (four) weeks.
Mr. Shyam Sharma, learned Government Advocate accepts notice on behalf of the respondents No. 1 & 2, hence, no formal notice is called for in
respect of the said respondents.
Petitioner is to take steps for service of notice upon respondents No. 3 by speed post within 3 (three) days.
It is submitted by the learned counsel appearing for the petitioner that in contemplation of the Departmental Enquiry against the petitioner, the Under
Secretary(Home), Government of Manipur issued an order dated 28.04.2018 placing the petitioner under suspension. Thereafter, under Office
Memorandum dated 19.07.2018 the article of charges had been framed and since then, the Departmental Enquiry has been pending. In the meantime,
the petitioner has retired from service w.e.f. 01.02.2019 on attaining the age of superannuation. It is the case of the petitioner that from the date of his
suspension, the petitioner has not been given any subsistence allowances till date and accordingly, the learned counsel appearing for the petitioner
vehemently urged that the subsistence allowance due payable to the petitioner as well as provisional pension of the petitioner be released during the
pendency of this writ petition.
Mr. Shyam Sharma, learned Government Advocate submitted that he may be given some time to get instructions as to the stage of the Departmental
Enquiry.
As prayed for, list this case again on 17.03.2021.
After hearing the counsel appearing for the parties and on perusal of the records, this Court is of the view that the petitioner is entitled to get his
subsistence allowance during the period of his suspension as well as the provisional pension after his retirement and accordingly, the respondents are
directed to release the subsistence allowance as well as the provisional pension due payable to the petitioner within a period of 3 (three) months from
today.
Copy of this order be furnished to both the counsel appearing for the parties through their respective Whatsapp/e-mail.