WP(C) 1246/2010 BEFORE THE HON’BLE MR JUSTICE BP KATAKEY Heard Mr. Choudhury, learned counsel for the petitioner as well as Ms. VL Singh, learned State counsel appearing for the respondent Nos. 1 to 4. Also heard Mr. Barua, learned counsel appearing for the respondent No. 5. The petitioner, who is the widow of Narendra Chandra Das, by the present petitio n, is praying for a direction to the respondent authorities to pay the family pe nsion, both current and arrear payable to her under the provisions of the Assam Services (Pension) Rules, 1969. According to the petitioner, her husband joined the service as lower division assistant in the establishment of the Deputy Commi ssioner, Goalpara on 1.7.1963 and retired from service on 22.8.1975 on attaining the age of superannuation. The further case of the petitioner is that her husba nd died on 2.10.1986 and thereafter she being ignorant about her right to receiv e the family pension, applied for the same only on 16.3.2009 claiming such benef it under the provisions of the 1969 Rules, which has not been paid till date. Th e petitioner, therefore, has filed the present petition seeking a direction to t he respondent authorities to pay the family pension both current and the arrear. The respondent No. 3 in the affidavit-in-opposition filed on 31.3.2010 has not d enied the factual assertion of the petitioner relating to the service of her hus band and also filing of the application seeking family pension. The said respond ent in the affidavit has stated on oath that the proposal for payment of such fa mily pension has been submitted before the State Govt. in the Revenue Department vide communication dated 22.6.2009 seeking approval for payment of the arrear a nd family pension and since no such approval has been received, such payment cou ld not be made by the said respondent. The respondent No. 2 in the affidavit dated 19.5.2010 has also not controverted the factual assertion of the petitioner relating to the service of the petitione r’s husband and also submission of the proposal by the Deputy Commissioner to th e Govt. of Assam in Revenue Department seeking approval for payment of the arrea r and current pension. In Para 4 of the said affidavit it has been stated that o n receipt of the proposal from the Deputy Commissioner vide communication dated 23.7.2009 certain clarifications were asked for and accordingly the Deputy Commi ssioner vide communication dated 29.7.2009 clarified the matter and thereafter a ll the relevant papers were submitted to the Director of Pension and Public Grie vances for views and the since the same has not been received no final decision could be taken. The respondent No. 5, the Accountant General though has not filed any affidavit, Mr. Barua, learned counsel appearing for the said respondent has submitted that it is apparent from the affidavits filed by the respondent Nos. 2 and 3 that th e Govt. is yet to take a final decision for payment of the family pension to the petitioner. As noticed above, the factual aspect relating to the employment of the petitione r’s husband, date of retirement and the date of death are not in dispute. The pe titioner admittedly filed the petition though belatedly seeking payment of the f amily pension which though has been processed by the Deputy Commissioner in the month of May 2009 and sent it to the Govt. of Assam in the Revenue Department, n o final decision has been taken by the Govt. of Assam in the Revenue Department till date, thereby depriving the petitioner from getting the family pension whic h is her right. Pension is no longer a bounty. It is the right of the person who is entitled to get such pension. The Deputy Commissioner having recommended the case of the pet itioner vide communication dated 22.6.2009 and also having clarified the queries made by the Revenue Department vide communication dated 23.7.2009, the decision has to be taken by the Govt. but such decision has not been taken though almost one year has elapsed from the date of making such clarification by the Deputy C ommissioner. It appears that the Govt. in the Revenue Department is sitting over the matter without taking any final decision thereby depriving the petitioner f rom her right of getting pension. In view of the above position, the writ petition is disposed with the direction to the respondent No. 1 to pass necessary order relating to the payment of the f amily pension to the petition both arrear and current and send all the required papers to the Office of the Accountant General so that the Accountant General ca n pass necessary order thereafter. The respondent No. 1 is directed to complete the said process within a period of six weeks from today. The Accountant General within four weeks thereafter shall pass necessary order. The petitioner shall produce a copy of the order passed today before the Commiss ioner and Secretary to the Govt. of Assam, Revenue and Disaster Management (LR) Department for compliance. The writ petition is accordingly allowed to the extent indicated above. No cost.