WP(C) 2643/2011 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. Y.S. Mannan, learned counsel for the petitioner as well as Mr. B.J. Ghosh, learned State counsel. The petitioner who has retired from service on attaining the age of supe rannuation is aggrieved by non-payment of pensionary benefit to him. The petitioner had entered into the services of Assam Police Battalion w ay back in 1966 and he retired from service as Armed Branch Inspector on 31.06.2 007 from Jamugurighat on attaining the age of superannuation. According to the petitioner, he had separated himself from his wife in the year 1997 and has been paying maintenance to her @ Rs. 1000/- per month. It is the further stand of t he petitioner that his two sons are living with his wife Smt. Sunti Deka. Both h is sons have attained majority. In the counter affidavit filed by the respondents, it has been stated th at in absence of a joint photograph of Smt. Sunti Deka and the petitioner the au thorities are handicapped in releasing the monthly pension to the petitioner. It is the further stand of the respondents that the petitioner had earlier given a joint photograph alongwith another lady which is not his wife. Although the p etitioner undertook to submit a joint photograph alongwith his legally married w ife, but the same having not been submitted, the respondents expressed their dif ficulty in releasing the monthly pension to the petitioner. Learned counsel for the petitioner referring to the stand made in the wr it petition, submits that since his legally married wife has not come forward f or a joint photograph, the petitioner has not been able to submit the same enabl ing him to get the monthly pension. If the legally married wife of the petitioner, Smt. Sunti Deka, has refu sed to give a joint photograph to the petitioner it is the bounden duty of the r espondents to arrange the same enabling the petitioner to receive monthly pensio n. The petitioner cannot be made responsible for his inability to submit the jo int photograph alongwith his wife, if the said wife has refused to have a joint photograph with her husband, i.e. the petitioner. In view of the above and having regard to the fact that the petitioner i s entitled to receive monthly pension upon his retirement from service, the writ petition is disposed of with the following directions: 1) If the joint photograph of the petitioner alongiwth his wife is utmost n ecessity and the absence of the same has become the hurdle in releasing the mont hly pension to the petitioner, the respondents shall ensure the said joint photo graph pursuing the wife of the petitioner to have a joint photograph alongiwht t he petitioner. 2) If the wife of the petitioner Smt. Sunti Deka has refused to have a joint pho tograph alongwith her husband, i.e. the petitioner, the respondents shall releas e the monthly pension to the petitioner as the same cannot withdrawn on that gro und alone. Whatever necessary follow up action is required to be taken up in terms of this order, same shall be taken up and completed as expeditiously as possible , but at any rate, not later than 31.08.2011 entitling the petitioner to receive his monthly pension which has been withdrawn since 2007 which will also facilit ate to pay the monthly maintenance to his wife Smt. Sunti Deka.