WP(C) 4480/2010 BEFORE THE HON’BLE MRS JUSTICE ANIMA HAZARIKA Heard Mr. PJ Saikia, learned counsel appearing for the petitioner. Also heard Mr. R Sarma, learned Assistant Solicitor General of India for respondent N o.5 and Ms. R Deka, learned Standing Counsel, PWD on behalf of respondent Nos.1 to 4. Considering the grievance raised and as agreed to by the learned counsel appearing for the parties, this writ petition is being disposed of at the motio n stage itself. The petitioner’s case in a nutshell is that the petitioner’s husband was initially appointed as Muster Roll Worker in the year 1969 and thereafter he wa s promoted as Work Charged Jogali and Work Charged 1st Grade Mechanic respective ly in the PWD. Petitioner’s husband died while in service on 06.05.1995, but eve n after his long continuous service of 26 years in the department, his service w as not regularized. Her husband was the only bread earner in the family and afte r his sudden death, the dependent family members fell into a deep financial cris is. The petitioner has approached the respondent authorities repeatedly since th e death of her husband for release of family pension and other pensionary benefi ts due to her deceased husband as similarly situated persons have been granted t he benefit by the State authorities by creating supernumerary post for a single day, but the same evoked no response. However, after about 11 (eleven) years of the death of her husband, to her great relief, the Govt. of Assam, PWD vide comm unication dated 8th August, 2005 conveyed the respondent No.5 regarding sanction of a supernumerary post for regularization of service of the petitioner’s husba nd for the purpose of grant of pensionary benefits to his family. The same was i ssued with the concurrence of Finance Department. Inspite of sanction of the Gov t. of Assam for creating a supernumerary post in 2005 itself the petitioner has not been paid pension/pensionary benefits etc. till date. Thus being aggrieved s he is before this Court praying for a direction to the respondent authority to e xtend family pension and other pensionary benefits due to the deceased husband o f the petitioner forthwith as well as the arrear family pension w.e.f. 06.05.199 5. Mr. Saikia, learned counsel appearing for the petitioner, has brought to the notice of this Court, the letter dated 08.08.2005 (Annexure-C) whereby and whereunder, the Govt. of Assam, PWD conveyed the Accountant General, Assam regar ding sanction of the Governor of Assam towards creation of a supernumerary post for regularization of the service of the petitioner’s husband. The same being r elevant in the case in hand, is quoted hereinbelow: GOVERNMENT OF ASSAM PUBLIC WORKS DEPTT. : : AUDIT BRANCH DISPUR : : GUWAHATI No.ADT.592/2003/18 Dated: Dispur, the 8th Aug, 2005 From : Shri B.N. Bhattacharjee Under Secy to the Govt. of Assam, PWD, Audit Branch. To : The Accountant General (A&E) Assam Maidamgaon, Beltola, Guwahati: 29 Sub : Regularisation of service of late Surendra Nath Hazarika, Ex-W/C 1st Class Mechanic. Sir, I am directed to convey the sanction of the Governor of Assam towards cr eation of a supernumerary post of 1st Class Mechanic in the scale of pay of Rs.1 ,065/- - 2,095/- P.M., plus other allowances as admissible as under rules for a day i.e., 05.05.1995 the day preceding the date of death of late Surendra Nath H azarika, Ex-W/C 1st Class Mechanic for regularization of his service to extend p ensionary benefits to his family as per rule subject to the condition that no an y person will be engaged against late Surendra Nath Hazarika since he was a W/C employee in context to Finance Deptt’s O.N. No. FEC(I)452/99, dated 28.12.1999. This issues with the concurrence of Finance (EC-II) Deptt. Vide their U. O. No. FEC(II)667/2005 dated 10.05.2005 Yours faithfully, Sd/- Illegible Under Secy. to the Govt. of Assam, Public Works Deptt. (Audit Branch) Memo No.ADT.592/2003/18(A) dated Dispur, the 8th August, 2005 Copy forwarded for information and necessary action to: 1. The Chief Engineer, PWD (Roads), Assam, Chandmari, Guwahati: 3. 2. The Executive Engineer, PWD, Tinsukia (Mechanical) Division. 3. The Treasury Officer, Tinsukia. 4. Finance (EC-II) Deptt., Dispur. 5. Person concerned. By order etc., Sd/- Illegible Under Secy. to the Govt. of Assam, Public Works Deptt. (Audit Branch) Date: 08.08.2005 Memo No.ADT.592/2003/18(B) dated Dispur, the 8th August, 2005 Copy to: The Accountant General (A&E) Assam, Maidamgaon, Beltola, Guwahati-29 for informa tion and necessary action. Sd/-Illegible Sr. Financial Advisor, PWD, Dispur Subsequently the respondent No.3, Executive Engineer, PWD, Mechanical Di vision, Tinsukia vide communication dated 09.11.2006 informed the petitioner reg arding sending of necessary papers to the respondent No.2, the Chief Engineer, P WD with regard to payment of family pension. However, till date the petitioner has not received any family pension or pensionary benefits etc., due to the deceased husband of the petitioner. In view of the above communication and the statement made on oath in the writ petition, this petition is disposed of with a direction to the respondent authorities to take up the case of the petitioner for releasing pension and pens ionary benefits etc., due to the petitioner at the earliest. For the same, respo ndent No.2, is directed to place all the relevant papers/documents etc., to the respondent No.5, the Accountant General (A&E), Assam within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. The respondent No.5 shall do the needful for releasing the pension, pensionary benefits etc. t o the petitioner as entitled under the Rules by the husband of the petitioner wi thin a period of 6(six) weeks from the date of receipt of the relevant papers/do cuments from respondent No.2 With the above direction, this writ petition is disposed of. No costs.