WP(C) 1486/2008 BEFORE THE HON’BLE MR JUSTICE B. K. SHARMA Heard Mr. P.P. Baruah, learned counsel for the petitioner as well as Mr . U.R. Saikia, learned Standing Counsel, IWT. I have also heard Ms. Boar, learne d Standing Counsel, Finance Department and Mr. C. Baruah, learned counsel repres enting the Accountant General. This writ petition has been filed praying for a direction to the respond ents to refix the pension of the petitioner on the basis of fixation of pay and counting the non-gazetted period of service. The petitioner has retired from ser vice on attaining the age of superannuation on 31.12.2004. In the affidavit-in-opposition filed by the respondent No.1, it has been stated that the proposal for equalisation of pay of the petitioner with that of Shri A.K. Deka was sent to the Finance, (Estt. A) Department for views but the Finance Department recorded his inability to agree to the proposal of equalisati on of pay as the seniority of the petitioner from said Shri Deka could not be su bstantiated. In paragraph 8 of the counter affidavit, it has been stated that th e department has directed the Director, IWT, vide letter dated 27.7.2007 to furn ish the original Service Book of the petitioner for non-gazetted period w.e.f. 2 2.9.1969 to 7.4.1989, as desired by the Office of the Accountant General for dis bursing the pensionary benefit but till the date of filling of the affidavit, no original record had been received by the department. In paragraph 10, it has been stated that the pension papers of the petit ioner was sent to the Accountant General on 3.4.2007. In the reply affidavit fil ed by the petitioner, it is his stand that he is senior to said Shri A.K. Deka a nd thus his pay is to be equalised with said Shri Deka. In the endorsement dated 6.6.1997, although the Finance Department had regretted for its inability to ag ree to the proposal for equalisation of pay as seniority of the petitioner over said Shri Dake could not be substantiated but in the writ petition, the petitio ner has enclosed the copy of the gradation list wherein the name of the petition er appears at Sl. No.1 and that of said Shri Deka at Sl. No.2. The matter is pending since 2008. Considering the matter in its entirety and upon hearing the learned counsel for the parties, the writ petition is disp osed of directing the respondents to take appropriate necessary follow up action towards final fixation of the pension of the petitioner on the basis of availab le materials on record. Such exercise shall be carried out as expeditiously as p ossible but at any rate not latter then 30.6.2011. Needless to say that while ca rrying out the exercise, the respondents shall take into account the claim of th e petitioner for refixation of pay in reference to his junior and in accordance with law. Writ petition stands disposed of.