HEISNAM O IBECHOUBI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) WE have heard Mr. W. Darakeshwar, learned counsel for the appellant. We have also heard Mr. N. Ibotombi, learned counsel representing the respondent No. 4 Mr. S. Suresh, learned State counsel represents the other respondents.

(2.) THIS writ appeal is directed against the judgment and order 21. 3. 2005 passed by the learned Single Judge in writ petition being W. P (C) No. 416 of 2005. The writ petition was filed by the wife of the deceased employee claiming full pay and allowances for the period during which her husband, who was working as Chief Engineer, PWD, Government of Manipur, was placed under suspension in view of the initiation of three criminal cases against him by the State. The husband of the petitioner was convicted in the criminal proceedings with the imposition of fine of Rs. 10,000 and imprisonment for the single day till the rising of the court.

(3.) IN the writ proceeding, it was the contention of the appellant that since during the pendency of the criminal appeals her husband died, by operation of law (FR 54-B), she is entitled to receive full pay and allowance for the period of suspension treating the same to be period spent on duty by her husband. The learned Single Judge has held that the writ petitioner/appellant is not entitled to receive full pay and allowance for the period in which her husband remained under suspension. Such a finding has been arrived at by the learned Single Judge upon a detailed discussion of the facts involved as well as the provisions of law.