- (1.) IN this writ petition, the petitioner's husband, who was superintending Engineer in PHED Department, retired on attaining the age of superannuation on 30.11.2003. He subsequently died on 12.03.2005.
(2.) WHILE the petitioner's husband was in service, he was put under suspension in contemplation of departmental proceeding. Subsequently, charge sheet was issued containing two articles of charges. The departmental proceeding was conducted. The enquiry officer found him not guilty of the charges. The Disciplinary Authority ignoring the said enquiry report, awarded punishment of censor to the petitioner's husband by order dated 11.7.2003. The Disciplinary Authority revoked his order of suspension. After the death of her husband, the petitioner filed representations requesting for payment of arrears of salary minus subsistence allowance of suspension period of her husband, but the same were not heeded upon. The respondents have opposed this petition. During pendency of the writ petition, and order contained in Memo no.1724 dated 5.5.2004 has been passed. stating that the petitioner's husband was not entitled anything more than the subsistence allowance for the suspension period. That order was enclosed as Annexure -C to the counter affidavit.
(3.) BY way of amendment, the petitioner has challenged the order dated 5.5.2004(Annexure -C). The amendment was allowed.;