WP(C) 4991/2010 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. G. Jalan, the learned counsel for the petitioner and Mr. B.J. Ghosh, t he learned State Counsel appearing for the respondent Nos.1, 2 and 4 as well as Mr. C. Baruah, the learned counsel appearing for the respondent No.3. The petitioner, who admittedly is the second wife of Lal Bihari Singha, who was a constable in Assam Police, by the present petition is praying for a direction to the respondent authorities to pay the family pension payable to her with effe ct from the date of her entitlement. According to the petitioner, after the death of the first wife of her husband, L al Bihari Singha married her on 12th July, 1980, i.e. after his retirement from service on attaining the age of superannuation. It is also the case of the peti tioner that after the death of her husband on 31st January, 1996, though she app roached the authority concerned for payment of family pension, the same has not been paid to her. The petitioner in support of her entitlement of family pensio n under the provisions of Assam Services (Pension) Rules, 1969 has annexed the c opy of the communication dated 7th July, 2004 issued by the Secretary to the Gov ernment of Assam, Pension and Public Grievances Department to the Accountant Gen eral, whereby and whereunder the Accountant General was requested to take necess ary action for issuing the family pension in respect of the petitioner. The lea rned counsel during the course of argument has also placed on record a copy of t he communication dated 10th February, 1998 issued by the Inspector General of Po lice, OSD, Assam to the Accountant General, whereby and whereunder the Accountan t General was informed about the petitioner’s marriage with constable Lal Bihari Singha on 12th July, 1980 and her entitlement to family pension. Mr. Baruah, the learned counsel appearing for the respondent No.3, the Accountan t General, on instruction has submitted that since the Office of the Accountant General could not trace out the communication stated to be issued by the Inspect or General of Police on 10th February, 1998, about which the Accountant General came to know on receipt of the copy of the writ petition, a communication dated 24th September, 2010 was issued to the Inspector General of Police, OSD, Assam t o furnish the copy of the said communication dated 10th February, 1998 so as to enable the Accountant General to take necessary decision in respect of payment o f family pension to the petitioner. Mr. Baruah further submits that as soon as the necessary papers are submitted by the Inspector General of Police in that re gard, necessary order would be passed by the Accountant General. Mr. Ghosh, the learned State Counsel appearing for the respondent No.1, 2 and 4 has submitted that in fact the Accountant General was informed by the communicat ion dated 10th February, 1998 about the entitlement of the petitioner to family pension and since the Accountant General has not been able to trace out such doc ument, the same will again be submitted to the Office of the Accountant General with all other necessary particulars/ informations within 2 (two) weeks from tod ay. Keeping in view the aforesaid position as well as the prayer made in the writ pe tition, the present writ petition is disposed of in terms of the following direc tions:- (i) the Director General of Police, Assam, the respondent No.4, shall within 2 ( two) weeks from today furnish the copy of the earlier communication dated 10th F ebruary, 1998 issued by the Inspector General of Police, OSD, Assam, to the Acco untant General, with all other necessary informations/ particulars relating to t he claim of the petitioner for family pension. (ii) the Accountant General within 4 (four) weeks from the date of receipt of su ch informations/ particulars shall pass necessary order relating to the payment of family pension to the petitioner. (iii) in case the petitioner is found to be entitled to the family pension, the same shall be paid with effect from the date of her entitlement and within a per iod of 1 (one) month from the date of passing the necessary order by the Account ant General. The writ petition is accordingly allowed to the extent indicated above. No cost .