JUDGMENT P.K. Musahary, J. 1. None appears for the Petitioner as well as Respondent No. 6 when the matter was called upon. Heard Mr. B.C. Saikia, earned Addl. Sr. Govt. Advocate, Assam as well as Mr. A. Deka, learned Standing Counsel for Education Department. 2. The pleaded case of the Petitioner is that he was serving as Headmaster of Gashbari High School in the district of Kamrup since 30.4.1962. The school in which the Petitioner was serving received deficit grants in aid from the Government with effect from 1.7.1977 and his service was provincialised with effect from 1.7.1978. The Petitioner served upto 1.7.1992 as Headmaster in Uttar Betna High School and thereafter, he was transferred to Gashbari High School as Headmaster and on attaining the age of 60 years he retired from service with effect from 28.2.1997. The Petitioner on several occasions pursued the Inspector of Schools (Respondent No. 3) and the Director of Secondary Education, Assam (Respondent No. 2) for sanction of his pension and retiral benefits to him. His last representation in this regard is dated 24.8.2004. 3. During the course of the aforesaid correspondences, the Petitioner received a letter dated 11.4.1997 from the Inspector of Schools, Kamrup District Circle, Guwahati which reads as follows: With reference to the subject cited above, I have the honour to inform you that as per record you have already attended the age of 60 years without taking prior approval from the deptt. You are hereby allowed to go on retirement on 28/2/97 (A.N.) without pensionary benefit by handing over the charge of the school to Sri Satya Nath Deka, Asstt. Headmaster of the School with an intimation to this Office. Further, you are to inform that without any approved of option from the deptt., will not be get any other benefits as per rule. 4. The contention of the Petitioner is that under the provisions of Section 4(3) of Assam Secondary Education (Provincialisation) Act, 1977, any existing employee, other than the Grade IV employees, who does not intend to go on superannuation on attaining the age of 58 years shall have the options to continue upto the completion of the age of 60 years under the same terms and conditions which were applicable to him before the appointed day in which case he shall not be entitled to any pension and gratuity. The Petitioner claims ancillary benefits in terms of the decision rendered by the Apex Court in the case of Assam Madhyamik Sikshak Aru Karmachari Santha Nagaon v. The State of Assam reported in AIR 1996 SC 2257 . 5. No counter affidavit has been filed by the Respondents and as such, this Court is not in a position to know whether the pensionary benefits, as claimed by the Petitioner, has been sanctioned or not. It appears that the last representation dated 24.8.2004 (Annexure-3 to the writ petition) is yet to be considered and disposed of by the Respondent authorities. 6. Iii view of the above, I dispose of this writ petition with a direction to the Secretary to the Govt. of Assam, Education Department, Dispur, Guwahati (Respondent No. 1) and Director of Secondary Education, Assam, Kahilipara, Guwahati-19 (Respondent No. 2) to consider and dispose of the representation submitted by the Petitioner dated 24.8.2004 (Annexure-3 to the writ petition) in the light of the decision rendered by the Apex Court mentioned above and also under the provisions of Section 4(3) of the Assam Secondary Education (Provincialisation) Act, 1977 within a period of three months from today, if the aforesaid representation of the Petitioner has not yet been considered and disposed of. 7. With the above direction, this writ petition stands disposed of.