WP(C) 1102/2009 BEFORE THE HON’BLE MR JUSTICE B P KATAKEY Heard Mr. DC Kath Hazarika, learned, learned counsel for the pet itioner. Also heard Ms. Phukan, learned Counsel for all the Respondent Nos. 1, 2 and 3, Mr. Barua for Respondent No. 4 and Mr. Saikia, learned Standing Counsel for Respondent No. 5. As agreed upon by the learned counsels for both the sides, the w rit petition is taken up for disposal at the motion stage itself. The petitioner’s grievances in the present petition is regarding non payment of the retiral benefit payable for the service rendered by her husb and including the family pension payable to her after the death of her husband. According to the petitioner, her husband who was a regular Grade-IV employee in the office of the Director, Diary Development , Assam and who retired from servi ce on 31.01.2001 has not been paid the retiral benefit, who died on 09.01.2006. According to the petitioner, the pension, gratuity, provident fund and leave sal ary which are payable to her husband has not been paid. It is also the case of t he petitioner that after the death of her husband, though she is entitled to the family pension, the same has not been paid despite various representations subm itted by the petitioner and despite the communication dated 23.02.2010 issued by the Additional Deputy Commissioner informing the Director, Diary Development ex pressing the inability to issue legal heir certificate in view of the Government ’s communication dated 02.06.2002 and to take necessary action relating to the p ayment of pension and other retiral benefit in terms of the Assam Financial Rul es. Learned State Counsel appearing for the Respondent Nos. 1, 2 a nd 3 submits that the Director, Diary Development, upon scrutiny of the entire m atter shall pass necessary order relating to release of retiral benefit payable to the petitioner’s husband, if such amount has not already been paid and also f or the purpose of granting family pension. The learned counsel appearing for Respondent No.4 submits that unless the Department concerned furnishes the required particulars/ information , the Accountant General , cannot pass any order in that respect. It has, howeve r, been submitted that as soon as necessary particulars/ informations are receiv ed, necessary order shall be passed by the Accountant General. Mr. Saikia, learned counsel for the Respondent No.5 submits that the Treasury Officer has nothing to do at this stage. As noticed upon, the petitioner’s claim with regard to the r etiral benefit including the pension, gratuity , provident fund payable to the p etitioner’s husband, who expired on 09.01.2006, has not been decided till date. The petitioner also claims that the family pension has also not been paid. It al so appears that the petitioner has submitted several representations before the Director, Diary Development who asked the petitioner to submit the heirship cert ificate. The Additional Deputy Commissioner, vide the communication dated 23.02. 2010 informed the Director, Diary Development about the inability to issue such certificate because of the Government’s communication dated 02.06.2003 and reque sted the Director to proceed with the matter in terms of the Assam Financial Rul es. In view of the above, since, the petitioner has already appro ached the authority and the matter is pending before him, the writ petition is d isposed of with following directions:- 1. Secretary to the Govt. of Assam, VeterinaryDepartment, as well the Dire ctor, Diary Development, Respondent Nos. 1 and 2, respectively, shall verify the claim of the petitioner and in the event any amount is found to be due and paya ble to the petitioner’s husband towards the retiral benefit and the petitioner is found to be entitled to family pension, necessary order shall be passed. The said authority then shall furnish all the required particulars/ information to t he Accountant General, within 6 (six) weeks from today. 2. The Accountant General within 6(six) weeks from the date of receipt of s uch particulars/ information shall proceed to consider the matter for according necessary approval and pass necessary order thereon. 3. The amount found payable shall be released/ paid by the Respondent Nos. 1 and 2 to the petitioner within 1 (one) month thereafter. The writ petition is accordingly disposed of . No costs.