WP(C) 1548/2010 BEFORE THE HON’BLE MR JUSTICE B. P. KATAKEY Heard Mr H Talukdar, learned counsel for the petitioner, as well as Mr BJ Ghosh, learned State counsel, appearing for the respondents. The petitioner, by the present petition, has prayed for a direction to r elease pensionary and other service benefits to him. The petitioner was appointed as a constable in Assam Police on 15 Octobe r 1971. He was thereafter terminated from services on 13 January 1981. Prior to termination, he was placed under suspension in the year 1977, because of his det ention in custody in connection with Guwahati PS Case No.201(4)/77 registered un der Section 384 IPC. The said order was put to challenge in Civil Rule No.778/19 87, which was disposed of vide order dated 14 March 1989, directing his reinstat ement in service, provided he had not already been terminated from service, and giving liberty to challenge such order of termination, if so advised. A further direction for payment of subsistence allowance for the period of his suspension, if not already paid, was also given. Thereafter, the petitioner filed WP(C) No.1233/ 2009 praying for a dire ction to the respondent authorities to reinstate him in service and to pay the a rrear salaries and also the consequential benefits. WP(C) No.1233/2009, however, was dismissed vide order dated 1 April 2009 , on the ground of delay in approaching this Court. A single Bench of this Court , however, had directed the respondents therein that the petitioner, if entitled , would be paid the arrear salary, if any. According to the petitioner, although there was a direction for reinstat ement in service vide order dated 14 March 1989 passed in Civil Rule No.778/ 200 7, neither he has been reinstated in service nor been paid the arrear salary, no t to speak of the pensionary benefits. Petitioner further states that he filed 2 representations before the Superintendent of Police, Kamrup (Sadar) on 20 April 2009 and 2 February 2010 for payment of pensionary benefits, which have not bee n considered till date. As noticed above, a division Bench of this Court by the order dated 14 M arch 1989 had directed reinstatement of the petitioner in service, provided he h ad not already been terminated. It is not in dispute that the petitioner was ter minated from service even before passing of such order, that is, on 13 January 1 981. Although he made an attempt to challenge the order in the subsequent writ p etition, that is, WP(C) 1233/2009, such prayer has not been granted, as it was d ismissed vide order dated 1 April 2009. However, in the order dated 1 April 2009 , it was observed that the petitioner would be paid the arrear salary, if he was entitled to . That being the position and since the petitioner has approached the Supe rintendent of Police, Kamrup (Sadar), Guwahati by the aforesaid 2 representation s, the present writ petition is disposed of with a direction to the said authori ty to consider whether the petitioner is entitled to any arrear salary till the date of his termination, and if so, to pay the same. In case he is entitled to s ubsistence allowance only for the period of his suspension till the date of his termination, such amount shall be paid to him, if not already paid. If the petit ioner is entitled to any retiral benefit, the same shall also be paid him. Entire exercise is directed to be completed within a period of two month s from the date of receipt of the certified copy of this order to be produced be fore the said authority by the petitioner. The writ petition is accordingly disposed of.