WP(C) 4441/2005 BEFORE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. R.P. Sharma, learned Sr. counsel assisted by Mr. A. Nath, lear ned counsel for the petitioner as well Mr. S. Saikia, learned Standing counsel, PWD. I have also heard Ms. R. Chokraborty, learned Addl. Sr. G.A. appearing for the respondent No. 5 and Ms. R. Borah, learned CGSC. This writ petition has been filed making a grievance against Annexure-I order dated 10.01.03 by which the petitioner was directed not to attend duties on the ground that the petitioner continued in his service intentionally beyond the age of superannuation. According to the respondents, the petitioner was to retire from service on 31.05.02. However, he continued in his service beyond 31 .05.02 and thereby overstayed in service which according to the respondents was intentional. On the other hand, it is the case of the petitioner that he continued in his service beyond 31.05.02 due to failure on the part of the respondents to is sue superannuation notice. Further prayer of the petitioner is to issue directio n to the respondents to pay pensionary and other retirement benefits. There is no dispute that as per the recorded date of birth of the petiti oner, he was to retire from service on 31.05.02. From the materials on record, i t is not discernible as to whether he continued in service beyond the said date intentionally or it was the mistake on the part of the respondents. Be that as i t may, since the petitioner is no longer in service and even otherwise also woul d have retired on attaining the age of superannuation on 31.05.02, the responden ts shall now pass appropriate order relating to pensionary and other retirement benefits. While passing the order, the respondents shall consider all the materi als on record and the attending facts and circumstances involved, relating to th e period of overstay. Necessary follow up action in terms of this order by way of passing nece ssary order as directed above, shall be completed as expeditiously as possible, but at any rate, not later than 31.07.08. The writ petition is disposed of.