Petitioner challenged non-payment of salary arrears after previous final order reinstated him but omitted specific salary treatment. Court dismissed petition as impermissible review but directed separate relief for subsistence allowance.
Petitioner dismissed; liberty granted to approach authorities for subsistence allowance for suspension period.
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GAHC010005272014
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/435/2014
DURGESWAR ROY
S/O LT. UPEN CHANDRA ROY, R/O BAHIRACHANGMARI, P.O. DHONTOLA, P.S. ABHAYAPURI, DIST- BONGAIGAON, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GHY-6
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY-7 3:THE COMMANDANT 7TH A.P. BATTALION CHARAIKHOLA KOKRAJHA
Advocate for the Petitioner : MS.L BORGOHAIN
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
19.04.2024
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Heard Ms. N Saikia, learned counsel for the petitioner. Also heard Mr. A Chakraborty, learned Junior Government Advocate for the State respondents.
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of any merit and the same stands dismissed. However, it is contended that the petitioner was not paid his subsistence allowances during the period of his suspension w.e.f. 17.07.2001 to 06.09.2001. The petitioner is at liberty to approach the respondent authorities by way of filing an appropriate application, staking a claim for being rereleased with the subsistence allowances for the said period of his suspension. In the event of the petitioner filing any such application, the dismissal of the present petitioner shall not bar consideration of such application by the respondent authorities and for release of any amount that may be due on account of subsistence allowances specifically for the period as mentioned hereinabove.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner is entitled to arrears of salary from the date of removal to the date of reinstatement.
Whether the present petition amounts to an impermissible review of the final judgment dated 02.05.2012.
Whether the petitioner can claim subsistence allowances for the period of suspension.
DURGESWAR ROY
THE STATE OF ASSAM
THE DIRECTOR GENERAL OF POLICE ASSAM
THE COMMANDANT 7TH A.P. BATTALION
N. UNNI KRISHNAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
