MC 1686/2011 BEFORE THE HON’BLE MR. JUSTICE AMITAVA ROY THE HON’BLE MR. JUSTICE C.R. SARMA (Amitava Roy, J) Heard Mr. S. Choudhury, learned Senior counsel for the applicant and Mr. D. Saik ia, learned Standing Counsel, H & F.W. Department, Assam for the opposite party. Mr. Choudhury submits that though the applicant has been wrongly retired on 29.0 1.2009 on the basis of a mistaken date of birth, his retiral dues for the penden cy of the instant proceeding have been denied. In this view of the matter, having regard to the averments made in the applicati on, the prayer for early hearing in the accompanying WP(C) No.4258/2009 is allow ed. In the face of extreme financial stringency of the petitioner as urged by Mr. Ch oudhury, it is provided without prejudice to the rights and contentions of the p arties, that the respondents would explore the permissibility of release of the provisional pension to him and if it is in the affirmative, the amount due would be defrayed to him on monthly basis until further order(s) ›of this Court. The misc. case stands allowed.