MC 3365/2010 BEFORE THE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. M.K. Choudhury, learned Sr. counsel and Standing counsel, Educ ation Department assisted by Ms. M. Gogoi, learned SC, Education Department as w ell as Mr. S.S. Goswami, learned counsel for the respondent No. 5, i.e. the Coll ege Authority. I have also heard Ms. S. Haloi, learned counsel for the petitione r. By means of this application, the Principal and Secretary, L.C.B. Colleg e has prayed for recalling the order dated 29.08.2010 by which it was provided t hat the authorities named in the order shall not be paid their salary till such time the date of birth of the petitioner’s husband is not decided. The order so passed was on account of the fact that inspite of expiry of the petitioner’s hus band way back in 2001, his wife, i.e. the petitioner, has not been paid her fami ly pension on the ground that the date of birth of the husband’s as recorded i n the service book is yet to be finalised. Now by filing the present application, it has been brought to the notice of this court that the college authority vide its resolution No. 3 passed by th e Governing Body on 07.06.08 has accepted the date of birth of the petitioner’s husband as 01.09.1958. This will now entitle the petitioner to receive her famil y pension. In view of the above, the order dated 20.09.2010 restraining the authori ties named in the order from receiving their salary is recalled. However, it is provided that the said authority including the Accountant General, Assam shall make necessary arrangement for payment of family pension and other retirement be nefits to the petitioner on or before the next date fixed failing which conseque nce will follow. Misc. case stands disposed of.