JUDGMENT : 1. Heard Mr. K.K. Dey, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Addl. Senior Govt. Advocate appearing for the respondent Nos. 1, 3 and 4 as well as Ms. A. Verma, learned counsel for the respondent No. 2. 2. The petitioner is a registered association of retired police personnel of Nagaon District. This writ petition has been preferred on behalf of 73 Nos. of constables as stated in the schedule at p. 13 of the writ petition. 3. Most of the 73 constables had themselves served as constable in the Assam Police and they have retired in the meantime and the others are the legal heir of such constables, who had served in the Assam Police and have retired and died in the meantime. The common grievance of the 73 persons represented by the petitioner-association is that they are entitled to certain dearness allowance during their period of service. But the same had not been paid to them even not only during the period of service, but also after they have retired. 4. By an Office Memorandum dated 16.12.2000, it was informed that the Government of Assam is pleased to release the payment of arrear dearness allowance/dearness relief in the manner as indicated therein. It was provided that the dearness relief @ 10% of basic pension for the period of 1.1.1999 to 31.8.2000 be paid in cash. Further by another Office Memorandum dated 7.2.2001 of the Commissioner & Secretary to the Government of Assam, Finance Department, the dearness allowance payable had been revised to certain extent. 5. Accordingly, by the said Office Memorandum, the treasuries and subtreasuries in Assam, as well as the authorized public sector banks, were requested to arrange for the payment of dearness allowance to the pensioners/family pension holders. 6. On the basis of the said office memorandum, it is the grievance of the members of the petitioner-association that in spite of the said amount being duly sanctioned by the Finance Department and the same having been placed for payment before the concerned department, but the concerned department has not paid the same to the petitioner. 7. An affidavit-in-opposition has been filed by the Superintendent of Police, Nagaon, wherein, a statement has been made that various cases upon criminal investigation have been registered against 11 retired police personnel of Nagaon, DEF alleging misappropriation of certain amount. 7. An affidavit-in-opposition has been filed by the Superintendent of Police, Nagaon, wherein, a statement has been made that various cases upon criminal investigation have been registered against 11 retired police personnel of Nagaon, DEF alleging misappropriation of certain amount. It is understood upon reading the FIR that the amount of dearness allowance sanctioned in favour of the members of the petitioner-association were also included in the amount misappropriated by the concerned officials of the police department. 8. In paragraph 3 of the said affidavit, a statement has been made that the cases are under investigation and that in respect of some of the employees, the dearness allowance as sanctioned for the period of 1.1.1999 to 31.8.2000 and 1.7.1999 to 1.7.2000 were paid as indicated in Annexure A of the affidavit. 9. But on the other hand, it is the specific stand of the petitioner that although in the affidavit, the Superintendent of Police states that the amount has been paid to some of the members of the petitioner-association, but the same is incorrect and infact such information refers to the misappropriation of the dearness allowance by the concerned officials by forging the signature of the employees. 10. Although, this is a matter pertaining to the year 2010, no further affidavit has been filed by the police authority as regard the outcome of the investigation. Be that as it may, what transpires from the material on record is that the amount had been duly sanctioned and provided to the police department by the finance department for the purpose of payment of the dearness allowance to the concerned employees. But certain unscrupulous personnel within the police department had misappropriated the sum by forging the signature of the employees and the same is under investigation. Misappropriation of the sanctioned amount by certain employees in the department cannot be a reason for the department to deprive the employees of the dearness allowance. 11. Moreover the stand of the police authorities in the affidavit filed in the year 2010 that the matter is under investigation also app ears to have exhausted its purpose. 12. In such view of the matter, in the interest of justice, it is provided that the respondent being the Superintendent of Police, Nagaon shall pay the dearness allowance to the members of the petitioner-association as was sanctioned by the Finance Department as per the office memorandum dated 16.12.2000 and 7.2.2001. 12. In such view of the matter, in the interest of justice, it is provided that the respondent being the Superintendent of Police, Nagaon shall pay the dearness allowance to the members of the petitioner-association as was sanctioned by the Finance Department as per the office memorandum dated 16.12.2000 and 7.2.2001. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.