WP(C) 1167/2010 BEFORE HON’BLE MR. JUSTICE AMITAVA ROY Heard Mr. Hoque, learned Counsel for the petitioner and Ms. Gogo i, learned State Counsel for the official respondents. The petitioner, had been appointed as Peon cum Chowkidar in the office of Desh Bhakta Gaon Panchayat under the Chief Executive Councilor Mahakum a Parishad, Barpeta. This Panchayat was later renamed as Dakhin Paka Gaon Pancha yat (for short hereafter referred to as the Panchayat). According to him, his se rvices along with that of other employees of the Panchayat were provincialised u nder the Assam Panchayat Employees (Provincialisation) Act, 1999 (for short here after referred to as the Act). The petitioner eventually retired from service on 30/4/2006. As the pensionary benefits, as due to him under the Act as well as t he arrear salary, D.A. etc. has not been released, he having unsuccessfully plea ded with the official respondents, instituted the instant proceeding for redress . No affidavit in opposition has been filed on behalf of the respondents. Mr. Hoque in course of the arguments has pointed out that the cl aim for pension and other retiral benefits of the employees of the Panchayats in the State as due to them under the Act has since been upheld by this Court vide the judgment and order dated 13/5/2004 passed in WP(C) 4597/2002 and sustained by a Division Bench in Writ Appeal 145/2009 (State of Assam and others versus Sh ri Sayed Md. Fazlay Rabbi) and other related matters. He submits on instructions that this determination has also been upheld by the Apex Court meanwhile. He, t herefore, submits that the issues in the instant proceeding are covered by the d ecision aforementioned and that, therefore, the reliefs claimed by the petitione r may be sanctioned by this Court. Ms. Gogoi prays for time to obtain instructions. Upon hearing the learned Counsel for the parties and on a consid eration of the averments made supported by an affidavit along with the documents appended thereto as well as taking into account the intervening developments vi s-à-vis the adjudication of identical issues, it is considered expedient to clos e the instant proceeding by leaving the petitioner at liberty to file an appropr iate application before the Commissioner and Secretary to the Government of Assa m, Panchayat and Rural Development Department, registering the claims as raised by him before this Court. If such an application is filed the said authority wou ld cause appropriate steps to be taken to verify the same. If it appears to him thereafter that the same is genuine and tenable in view of the determinations ma de by this Court as indicated hereinabove, he would ensure that the consequentia l reliefs are accorded to him without undue delay. Ordered accordingly. As the p etitioner has retired from service from 30/4/2006, the exercise as indicated her ein above should be completed within a period of eight weeks from the date of re ceipt of certified copy of this order along with the representation required to be filed. No costs.