WP(C) 6923/2010 BEFORE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. G. Lal, learned counsel for the petitioner as well as Mr. R. K . Talukdar, learned C.G.C representing the Accountant General, Assam. I have als o heard Dr. A. Ahmed, learned Standing, Irrigation Department. The petitioner who has retired from service on attaining the age of s uperannuation on 22.8.2006 has filed this writ petition praying for early paymen t of his pensionary and other retrial benefits. Even after expiry of five years he has not been paid his pensionary and other retrial benefits. While entertaini ng the writ petition, vide order dated 3.1.2011 direction was issued for furnish ing necessary instructions as to why the pension case of the petitioner has not been finalised. Concern was also expressed for delay in finalisation of the case of the petitioner by orders dated 18.1.2011 and 24.1.2011. By order dated 4.2.2 011 the respondents were directed to file affidavit explaining the cause of dela y. It was recorded in the order that as per the letter dated 1.2.2011 addressed to the Accountant General by the Executive Engineer, Guwahati West Division (Irr igation) the pension case of the petitioner has been forwarded to the said autho rity for necessary approval. Thus it was only on 1.2.2011 i.e. after five years the pension case of the petitioner was forwarded to the office of the Accountant General. As regards the delay in finalisation of the case of the petitioner Dr. A hmed has furnished in writing the following particulars - 1) 28-2-2006 :- Sri Narendra Ch Saloi S.A. - Retired From Service. 2) 27-7-2007 :- Pension papers submitted to the A.G. Vide No. PF/338/802. 3) 24-8-2007 :- Pension papers returned Vide No. Pen-6/GH/K- 54688/Irrgn - 128/07/883 Due to anomalies in pay fixation & incomplete service book. 4) 31-3-2008 :- Fixation of pay was done correctly as per A.G.s letter, Sl- 3. 5) 7-3-2009 :- Pension papers resubmitted with entries of refixation along with over drawal statement to be recovered from pension benefit (as service roll from 1974 - 1984 could not be traced, necessary entries in the service book could not be made). 6) 21-5-2009 :- Pension papers returned -stated that order from higher authority to be obtained for reconstruction of service book. 7) 23-11-2009:- Letter to the Chief Engineer for necessary order. 8) 10-2-2010 :- Order obtained Vide No. CEI (PC) 117/2009/18. 9) 18-5-2010:- A.E.E. Chaygaon sub-division was Asked to re-construct the service roll. 10) 1-2-2011 :-Pension papers submitted to the A.G. after necessary record entries Vide No. GWDI/PF/NCS/388/85 Dt. 1-2-2011. Conclusion :- Due to loss of service roll for the year 1974 to 1984 ser vice book could not be undated, and lot of time has been lost in various corresp ondences. There was over drawal of salary due to wrong fixation of pay. Uptodate papers submitted on 1/2/2010. The aforesaid particulars have been furnished by the Executive Engin eer, Irrigation Department, Guwahati, West Division. Dr. Ahmed has also produced a copy of the letter dated 22.1.2011 addr essed to the Accountant General of Assam by the Executive Engineer, Guwahati Wes t Division ( Irrigation) by which service book recording the fixation of pay etc , necessary I.P.S. have been forwarded. Thus the said letter dated 22.2.2011 is the outcome of monitoring the case by this Court, otherwise the respondents woul d have slept over the matter indefinitely. As per the pension guidelines a retir ed employee is to get pensionary benefits within a couple of months. However, be cause of the apathy shown by the respondents there has been inordinate delay. T he petitioner has now seen a ray of hope to get his pensionary and other retrial benefits. The respondents cannot shark of their responsibilities for the delay caused to the case of the petitioner by simply submitting the aforesaid particul ars. Mr. Talukdar, learned C.G.C. appearing for the Accountant General submit s that the official respondents have furnished the necessary particulars by the aforesaid letter dated 22.2.2011. The office of the Accountant General(A & E) wi ll take prompt necessary action towards payment of pensionary benefits to the pe titioner. In view of the above, the writ petition is disposed of directing the res pondents to finalise the pension case of the petitioner as expeditiously as poss ible at any rate not later than 31st March, 2011. The petitioner shall also be e ntitled to interest at the rate of 9% p.a. on the delayed payment from the date the same became due to him. It is made clear that the said amount shall not be d isbursed from the Govt. exchequer, but shall be borne by the officials of the Ir rigation Department responsible for the delay. Since the petitioner has been unnecessarily forced to approach this Cou rt for getting his pension and other retrial benefits, I am of the considered op inion that the petitioner is also entitled to cost quantified at Rs. 2,500/- whi ch shall be borne in equal shares by the respondent Nos. 2 and 3. Registry shall realize the said amount in accordance with the High Co urt Rules.