WP(C) 2275/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY The petitioner, by the present petition, has prayed for a direction to the respondent Nos.1, 2 and 3 to pass necessary order relating to the equalization of pay with the Officers junior to him, as per Fundamental Rul e 27; to regularize the period of 1 (one) year 1 (one) month over stayed by the petitioner and to make necessary correction in the Service Book and to submit th e same to the respondent No.5, namely the Accountant General (A & E), for finali zation of his pension. I have heard Mr. H. Talukdar, the learned counsel for th e petitioner, Mr. Saikia, the learned Standing Counsel, PWD appearing for the re spondent Nos.1, 3 and 4 and Mr. Gogoi, the learned Standing Counsel, Finance Dep artment appearing for the respondent No.2. None appears for the respondent No.5 today. Mr. Saikia, the learned Standing Counsel, PWD on instruc tion has submitted that all the necessary papers relating to the equalization of pay of the petitioner with the Officers junior to him as per Fundamental Rule 2 7 have been sent by the Chief Engineer, PWD (Building) to the under Secretary to the Government of Assam, PWD, Establishment (B) Branch. According to Mr. Saiki a, those papers now shall be sent by the Commissioner and Secretary to the Gover nment of Assam in PWD (Building and National Highway) to the Finance Department within 2 (two) weeks from today seeking approval of the Finance Department relat ing to the equalization of pay of the petitioner under Fundamental Rule 27. Mr. Gogoi, the learned Standing Counsel Finance Departme nt appearing for the respondent No.2 submits that the said department within 3 ( three) weeks from the date of receipt of all the required papers alongwith the p roposal from the PWD shall decide about the approval of such proposal and intima te the same to the Commissioner and Secretary in PWD (Building and National High way) within the aforesaid period of time. The petitioner, who was serving as Sub-Engineer, Grade-I I retired from service on 31st January, 2006 on attaining the age of superannuat ion. There was overstay by a period of 1 (one) year 1 (one) month, for which nec essary applications were filed for regularization of that period and also for eq ualization of his pay with the Officers junior to him. Such equalization initia lly was done by the department under Rule 10 of the Revision of Pay Rules, 1998 and accordingly, the papers were sent to the Office of the Accountant General fo r finalization of the pension of the petitioner. Those papers, however, were re turned to the PWD on the ground that the same is required to be done under Funda mental Rule 27. The grievance of the petitioner is that despite return o f such papers by the Accountant General sometimes in the year, 2007, nothing has been done by the PWD till date in that regard. As it appears from the submissions made by the learned S tanding Counsel, PWD, as noticed above, that the department already has taken a decision for equalization of the pay of the petitioner with that of the Officers junior to him as per Fundamental Rule 27 as well as for regularization of the o verstayed period. Such decision, which requires approval from the Finance Depart ment, has to be sent to the Finance Department, for approval. In the process, the petitioner is suffering. Even the p etitioner’s provisional pension has been stopped with effect from 1st February, 2007. In view of the aforesaid position, the present writ peti tion is disposed of with a direction to the respondent No.1, Commissioner and Se cretary to the Government of Assam, PWD, to send all the papers including the pr oposal to the respondent No.2, Commissioner and Secretary to the Government of A ssam, Finance Department, seeking approval of the proposal for equalization of p ay as per Fundamental Rule 27 and for regularization of the period overstayed wi thin 2 (two) weeks. The Finance Department shall within 3 (three) weeks thereaf ter, decide the matter relating to the approval and inform the Office of the Com missioner and Secretary, PWD (Building and National Highway) within the aforesai d period of time. In case such approval is accorded by the Finance Department, the respondent No.1 shall within 1 (week) thereafter, forward all the necessary papers to the Accountant General (A & E) for the purpose of finalization of the pension of the petitioner. Since the matter of finalization of the petitioner has b een delayed because of no fault of his, the respondent Nos.1, 3 and 4 are direct ed to pay the provisional pension, if necessary after obtaining the necessary ap proval from the Accountant General (A & E). Such provisional Pension shall be p aid with effect from 1st February, 2007 within a period of 1 (one) month from to day. It is needless to say that the amount paid or to be paid towards the provi sional pension shall necessarily be adjusted against the pension of the petition er. The writ petition is accordingly disposed of with the af oresaid directions. No cost. A copy of this order be furnished to the learned counsel appearing for the parties.