The responsibility of maintaining and updating service book entries lies with the employer, and pension disbursement is a right governed by rules and regulations.

JUDGMENT

Manish Choudhury, J. - This writ petition under Article 226 of the Constitution of India is preferred by the petitioner seeking a direction to the respondents to release the family pension and other admissible retirement benefits by updating the service book of the deceased husband of the petitioner till his retirement on 28.02.2012.

2. The petitioner is the wife of one Ambika Choudhury, since deceased. Ambika Choudhury was initially appointed as a Soil Conservation Demonstrator (Junior) under the Directorate of Soil Conservation, Assam on 25.01.1977. After joining as Soil Conservator Demonstrator (Junior), Ambika Choudhury continued to render his services under the Directorate of Soil Conservation. During the course of service tenure, he was promoted to the post of Soil Conservation Ranger (SCR) as per a notification dated 14.06.2004. In the year 2010 when he was serving as a Soil Conservation Ranger (SCR) under the Divisional Officer, Kokrajhar Soil Conservation Division, BTC, Kokrajhar, he was promoted to the post of Assistant Soil Conservation Officer (ASCO) vide a notification bearing no. Soil.172/2008/33 dated 20.11.2010 and he was transferred to and posted at Hamren Soil Conservation Division, Hamren under Karbi Anglong Autonomous Council. In view of the said order of promotion and transfer, Ambika Choudhury was released from Kokrajhar Soil Conservation Division on and from 31.12.2010.

2.1. It transpires from the communication bearing No. HRN/Est-2/2015-16/70 dated 25.04.2015 (Annexure-C to the affidavit-in-opposition) that he took over charge of Assistant Soil Conservation Officer (ASCO), Hamren Soil Conservation Division, Hamren on 24.02.2012 pursuant to an acceptance order no. KAAC/Esstt.-55/P(B)/89-90/74 dated 23.02.2012 issued by the competent authority in the Karbi Anglong Autonomous Council. After joining in the post of Assistant Soil Conservation Officer (ASCO) in the Hamren Soil Conservation Division, Hamren on 24.02.2012, Ambika Choudhury retired from his service on 28.02.2012 on reaching the age of superannuation as his date of birth as per the service book was 01.03.1951.

2.2. After his superannuation, Ambika Choudhury expired on 16.01.2015 leaving his wife and two sons as legal heirs as per the certificate dated 20.04.2017 (Annexure-8 to the writ petition) issued by the office of the Deputy Commissioner, Baksa. Despite his superannuation in the year 2012, no pensionary benefits and arrear salaries were released to deceased husband of the petitioner.

2.3. After the death of her husband, the petitioner stated to have pursuad with the respondent authorities for release of the pensionary benefits as well as the arrear salaries, but no positive action was found to have taken at the end of the respondent authorities. Aggrieved thereby, the petitioner has approached this Court seeking the reliefs, as mentioned above.

3. Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Standing Counsel, Soil Conservation Department and Finance Department appearing for respondent nos. 1, 2, 3 and 8; Mr. P. Nayak, learned counsel for the respondent no. 5; Mr. C. Baruah, learned Standing Counsel, Accountant General (A&E), Assam for respondent no. 6; and Mr. G. Pegu, learned Junior Government Advocate for respondent no. 7. None has appeared for respondent no. 4.

4. It is the contention of the petitioner that the deceased husband of the petitioner was a member of Group Insurance Scheme w.e.f. 01.04.1983. When the deceased husband of the petitioner retired from his service on reaching the age of superannuation of 60 years on 28.02.2012, there was no disciplinary proceeding pending against him. It is submitted that a stand has been taken on behalf of the respondents to the effect that the service book maintained in respect of the service career of the deceased husband of the petitioner did not contain details for the period from 01.01.2011 to 24.02.2012.

4.1. Learned counsel for the petitioner ha