(1.) The order dated 17.12.2008 passed by the Inspector General of Prisons, Assam, seeking to treat the subsistence allowance and other allowances paid to the petitioner during the period of his suspension from 30.06.2000 and 21.05.2006 as pay and allowances therefore, and to construe the said period to be on duty for the purpose of pension only, is under challenge in the instant proceeding.
(2.) I have heard Mr. A.D. Choudhury, learned counsel for the petitioner and Mr. B.J. Ghosh, learned State Counsel, Assam for the respondents.
(3.) having regard to the pleaded facts and contention raised, this petition is being disposed of at the motion stage.