WP(C) 3357/2010 BEFORE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Hai, learned counsel for the petitioner as well as Mr. Ghosh, learned State counsel for the respondent Nos. 1 and 2. It appears from the office note dated 18.9.2010 that notices for service on the respondent Nos. 3 and 4 were issued by registered post with A/D on 18.9. 2010. Copies of such notices issued reveal that those were issued in the address given in the writ petition. The A/D cards in respect of such notices have not r eturned to the Registry. Since more than 30 days have elapsed from the date of issuance of such n otices, the respondent Nos. 3 and 4 are deemed to be served. None appears for the respondent Nos. 3 and 4. The petitioner, by the present petition is claiming a direction to the r espondent authorities to release the benefit of voluntary retirement contending inter alia that pursuant to the decision of the Govt. of Assam taken in the year 2008 he opted for voluntary retirement from the service of Assam Spun and Silk Mills, Jagiroad. According to the petitioner though he has opted for voluntary r etirement in terms of the aforesaid decision of the Govt. of Assam the benefit o f such scheme has not been extended to the petitioner till date. No affidavit-in-opposition has been filed by any of the respondents. Mr. Ghosh, learned State counsel appearing for the respondent Nos. 1 and 2, however, has submitted that the claim of the petitioner has to be scrutinize d by the appropriate authority before taking any decision by the authority relat ing to the release of the benefit as claimed by the petitioner. Having regard to the claim of the petitioner as well as the submission m ade by the learned counsel for the appearing parties, this Court is of the view that before passing any order directing the respondents to release any benefit, a scrutiny of the claim of the petitioner is required to be made by the appropri ate authority. In view of the above, the present petition is disposed of by allowing th e petitioner to make a representation before the respondent No. 2; namely the Di rector of Industries and Commerce who shall within a period of three months from the date of receipt of such representation would consider the case of the petit ioner and pass necessary order. The writ petition is accordingly disposed of. No cost.