WP(C) 3438/2009 BEFORE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Dutta, learned counsel for the petitioner, Mr. Rajsaikia, lear ned standing counsel appearing for the respondent Nos. 1 and 2 and Mr. Choudhury , learned standing appearing for the Finance Department. The petitioner, by the present petition, is praying for a direction to t he respondent authorities: - 1. to pay the arrear salary for the period from 1.9.1998 to 28.2.1999; 2. the retiral benefits namely; leave encashment dues, GPF dues, benefit un der the Employee Insurance Scheme and Gratuity and; 3. to pay the monthly pension payable with effect from 1.3.1999. The case was listed on 19.8.2009 on which date on the prayer of the lear ned counsel appearing for the respondents the case was adjourned so as to enable him to obtain necessary instruction. The case was again listed on 14.9.2009 whe n the notice of motion was issued making it returnable on 23.10.2009 on which da te also the respondent Nos. 2 and 4 were represented by the learned standing cou nsel and notices on the respondent Nos. 1 and 3 were allowed to be served throug h the learned standing counsel, Transport department and the learned Asstt. Soli citor General of India, Guwahati High Court respectively. Accordingly the notic es were served. The case was listed on 9.12.2009 but the same was adjourned till 16.12.2009 on the prayer of the respondents. On 16.12.2009 the case has been ad journed till today i.e. 18.12.2009 on the prayer made by the learned standing co unsel, Transport Department so as to enable the State respondents to file the af fidavit. Mr. U Rajsaikia, learned standing counsel appearing for the Transport De partment has submitted that despite several requests made to the Transport Depar tment no instruction has been furnished to him and no affidavit has been filed. The other respondents also have not filed any affidavit-in-opposition. The petitioner retired from service as Director of Inland Water Transpor t on attaining the age of superannuation on 28.2.1999. According to the petition er, though more than ten years have elapsed from the date of his retirement, the pensionary and other benefits payable to him have not been paid till date. The claim of the petitioner is that the salary for the period from 1.9.1998 to 28.2. 1999 has not been paid apart from the other retiral benefits payable to him. As noticed above, no affidavit has been filed by any of the respondents controverting the claim of the petitioner. Payment of the pensionary benefits is no longer a bounty. It is the righ t of the retired employee/officer to receive the pension, which cannot be denied unless of course an order under Rule 21 of the Assam Pension Rules 1969 is pass ed by the competent authority. In this case it is not the case of the respondent s that such an order has been passed by the competent authority as required unde r Rule 21 of the Assam Pension Rules, 1969. That being the position, the present writ petition is disposed of with t he direction to the respondent authorities, more particularly the respondent No. 1 and 2, to finalise all the papers relating to the payment of pensionary benef its and submit the same to the respondent No. 3 in within three weeks from today . The respondent No. 3 within two weeks thereafter shall scrutinize all such pap ers and pass necessary orders so as to facilitate payment of all the retiral ben efits, namely, arrear monthly pension, gratuity, GPF, leave encashment dues, ben efits under the employees insurance scheme by 31.3.2010. The monthly pension pay able shall thereafter be paid regularly to the petitioner. Relating to the claim for arrear salary for the period from 1.9.1998 to 28.2.1999, the respondent No. 2 is directed to verify such claim within three we eks from today and if upon verification it is found that the salary for the said period has not been paid to the petitioner, the same shall be released to him w ithin two weeks therefrom. The writ petition is accordingly allowed. No cost.