WP(C) 46/2008 BEFORE HON’BLE THE MR. JUSTICE AMITAVA ROY The petitioner is before this Court being distressed by the non- payment of pension following his superannuation on 30/4/2006 as well as denial o f his salary for the period of September, 2004 to April, 2006. I have heard Mr. Dhar, learned Counsel for the petitioner and Mr . M. Khataniar, learned Standing Counsel, Education Department. Briefly stated the petitioner’s case is that after being appoint ed as a teacher of 1076 Rajagar L.P. School in the year 1973, he was eventually posted as Head Teacher of 816 Brahmangram L.P. School in the same District and r etired as such on 30/4/2006. He submitted his pension papers before the Block El ementary Education Officer, Katigorah Block, Kalain, Cachar District for release of his pension and other retiral benefits. In the meantime, allegedly, the Bloc k Elementary Education Officer as above has for wrong reasons withheld his salar y since the month of September, 2004. Though the petitioner thereafter represent ed for release of his salary and his retiral benefits, the same remained unrespo nded and, therefore, he turned to this Court. The Director of Elementary Education, Assam, in his affidavit ha s contended that non-finalisation of the petitioner’s claim for pension has been due to some anomaly in his date of birth as revealed by the original H.S.L.C. p ass certificate and also non-submission of Form IA as required under the extant Rules. Mr. Dhar with reference to Annexure 9 to the writ petition has s ubmitted that all necessary particulars in support of the petitioner’s claim for pension as required under the law having been duly submitted before the Block E lementary Education Officer, Katigorah Block, Kalain, on 2/5/2006 through the He admaster of his school, the plea based on his omission to do so in this regard i s wholly untenable. The learned Counsel without prejudice to the petitioner’s c laim of date of birth to be 1/5/1947 has urged that for the purpose of pension, the same may be reckonable as 1/5/1946. Mr. Dhar has submitted that even assumin g that his date of birth is 1/5/1946, the petitioner having rendered his service s for the period allegedly overstayed by him, this Court would ensure that no de duction from the salary and other service entitlements already paid/extended to him be made. He has further submitted that necessary orders ought to be passed f or considering the petitioner’s claim for salary for the period September, 2004 to October, 2006 and other consequential service benefits. Mr. Khataniar has submitted that the delay in finalization in th e petitioner’s claim for pension has been due to his failings and therefore he i s not entitled to any relief as prayed for. Upon hearing the learned Counsels for the parties and on a consi deration of the pleadings on record, I am of the view that as the matter relates to retiral benefits of an incumbent in public service, it ought to be attended to with necessary expedition. Without going into the controversy as to whether t he petitioner infact has submitted his pension papers as pleaded otherwise by th e State respondents, in the opinion of this court to hasten the process, the pet itioner ought to submit a fresh set of required documents furnishing all necessa ry particulars as required under Form 1A before the Block Elementary Education O fficer, Katigorah Block, Kalain, so as to enable the said authority to process t he same without any delay. So far as his date of birth is concerned, his claim f or pension would be finalized taking the same to be 1/5/1946. However, as the St ate’s affidavit does not disclose any overt act on the part of the petitioner to have contrived his overstay in service for any due benefit, this Court is of th e opinion that he ought not to be subjected to deduction for such anomaly. In ot her words, the respondents would not resort to any deduction from the petitioner ’s salary and other benefits earned by him by rendering his services for the per iod of stay beyond the date of retirement as computable on the basis of his date of birth as 1/5/1946 till the date of retirement on 30/4/2006. However, for the purpose of pension and other retiral benefits his service tenure would be compu ted on the basis of his date of birth as 1/5/1946. The petitioner would, therefore, submit his pension papers as re ferred to hereinabove before the Block Elementary Education Officer, Katigorah B lock, Kalain, within two weeks herefrom and if the same is done, the said author ity would take all necessary steps to further the process and finalize the same within a period of one month therefrom. The said authority would also verify the petitioner’s claim for salary for the period of September, 2004 to April, 2006. Needless to say, if the above authority deems it fit, it would afford all reaso nable opportunity of hearing to the petitioner to furnish all necessary facts an d particulars so as to enable him to arrive at a just and correct decision in th e matter. The petition stands allowed in the above terms. No costs.