WP(C) 4751/2010 BEFORE THE HON’BLE MR JUSTICE B. P. KATAKEY Heard Mr H Hoque, learned counsel for the petitioner, as well as Ms K Dutta, lea rned standing counsel for Transport Department, appearing for the respondent Nos .1 to 5. Also heard Mr C Baruah, learned Central Government Counsel, appearing f or the respondent No.6. The grievance of the petitioner in the present petition is relating to t he non-payment of pensionary benefits, although he retired from service on attai ning the age of superannuation on 31 October 2006. The further grievance of the petitioner is for non-payment of arrear salary for certain periods in the revise d scale of pay. According to the petitioner, although he retired from service on attaini ng the age of superannuation on 31 October 2006 and completed the entire formali ties, the retiral benefits payable to him have not been paid. That apart, he fur ther states that he has not been paid the arrear salary in the revised scale-of- pay for certain periods, including dearness allowance. No affidavit-in-opposition has been filed by the respondent Nos.1 to 5. The respondent No.6, in the affidavit-in-opposition, has stated the reasons for not sanctioning retiral benefits payable to the petitioner, stating interalia th at the Assistant Commissioner of Transport, for the first time, vide communicati on dated 11 August 2010, had submitted the pension papers of the petitioner to t he office of Accountant General, but the said papers were returned to him on 27 October 2007 seeking certain clarifications with the request for early submissio n thereof. According to the Accountant General, instead of making necessary cla rifications as sought for, the Assistant Commissioner of Transport, again vide c ommunication dated 2 March 2010, sent such papers, which again were returned by the Accountant General vide communication dated 11 March 2010, including the ser vice book(S). In the said affidavit, it has further been stated that the said pa pers had to be returned due to non-submission of the clarifications as sought fo r vide communication dated 21 October 2009 and also on the ground that it had no t been forwarded through the Commissioner & Secretary to Government of Assam in Transport Department. The Accountant General has further stated in the said affi davit that thereafter the Transport Department has not sent the required papers to him for sanction of the pensionary benefit payable to the petitioner. As noticed above, no affidavit-in-opposition has been filed by the respo ndent Nos.1 to 5. The petitioner has retired from service on attaining the age o f superannuation on 31 October 2006. Since then more than 4 years have rolled by . Due to the inaction on the part of the respondent Nos.1 to 5, the petitioner h as been deprived from getting the benefit of pension, which is no longer a bount y. No reason has been cited by the said respondents for sending the petitioner’s pension papers to the Accountant General only on 1 November 2009 i.e. almost 3 years from the date of retirement of the petitioner, and also as to why the clar ifications sought for by the Accountant General’s office have not been furnished . That being the position, the present writ petition is disposed of with a direction to the respondent nos.1 & 2 to furnish all the required information t o the AG’s office, that is, to resubmit the pension papers of the petitioner to the said office, within 2 weeks from today. The Accountant General(respondent no .6), thereafter, within 3 weeks, shall pass the necessary orders sanctioning the retiral benefits payable to the petitioner intimating the same to the Commissio ner & Secretary to the Government of Assam in Transport Department, who, within 2 weeks thereafter, shall pay the retiral benefits payable to the petitioner. Si nce the petitioner has been deprived from payment of pensionary benefits, he sha ll be entitled to interest at the rate of 12 per cent per annum from the day whe n such pension as per the provisions of Assam Services(Pension) Rules 1969 becam e due and payable to him. The payment of the retiral benefits including the interest shall be made within the aforesaid period of time. The writ petition stands allowed, to the extent indicated above.