WP(C) 5756/2010 BEFORE HON’BLE MR JUSTICE B.K. SHARMA Heard Mr. Talukdar, learned counsel for the petitioner as well as Ms Cha kraborty, learned State Counsel, Assam. I have also heard Ms. Verma, learned Sta nding Counsel, Finance. None appears for the Accountant General. By means of this writ petition, the petitioner has prayed for a directio n to the respondents to release the entitled pensionary and other retiral benefi ts pertaining to the service rendered by her husband as Lat Mandal under the adm inistrative control of respondent No. 5 and 6. The husband of the petitioner Lat e Dhaneswar Nath died while in service on 07.02.1995. Thus by now long sixteen y ears have passed and the petitioner has not yet been provided with pensionary an d retiral benefits. Time to time representations submitted by the petitioner did not evoke any immediate response. It was only in the year 2009, the Circle Offi cer, Barnagar, Revenue Circle, Sorbhog wrote a letter to the Deputy Commissione r, Barpeta(letter dated 27.01.2010) forwarding therewith the original service bo ok of the deceased husband of the petitioner for due updating. Nothing followed thereafter and hence the writ petition. In the affidavit-in-opposition filed by the respondent No. 5 i.e. the Deputy Commissioner, Barpeta, it has been stated t hat the pension papers have already been forwarded to the Accountant General, As sam vide letter dated 4.2.2011. Other respondents have not filed any counter aff idavit and thus it is not discernible as to what had occasioned the delay in fin alizing the case of the petitioner. From the counter affidavit filed by the Resp ondent No. 5 it appears that necessary updatation in respect of the service book of the petitioner’s husband was not done and the same delayed the matter. It is only after filing of the writ petition things started to move. In view of the above, this writ petition is disposed of directing the respondent s to release the pensionary and retiral benefits of the husband of the petitione r on or before 30th of April, 2011 alongwith 9% interest on the accrued amount. The interest shall be calculated w.e.f. three years preceding the filing of the writ petition on 7.10.2010 i.e. from 07.10.2007. It will be open for the State G ovt. to realize the interest part from the erring officials for whose fault ther e has been delay in finalizing the pension case of the petitioner. In the event of any further delay beyond 30.4.2011 the amount will carry further interest at the same rate and shall be recovered from the erring officials. Fur ther, since the petitioner has been forced to approach this Court because of the inaction on the part of the respondents, I am of the considered opinion that th e petitioner would be entitled to receive the cost of this proceeding which is q uantified at Rs. 6,000/- (Rupees six thousand) which the Respondent Nos. 1, 3, 5 and 6 shall bear in equal shares. The Registry shall realize the amount from t he said officials in accordance with the High Court Rules and shall pay the same to the petitioner.