JUDGEMENT AND ORDER : Heard Mr. S. K. Ghosh, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned Senior counsel, appearing for respondent Nos. 2 and 3, Mr. C. Baruah, learned Standing counsel, Accountant General, appearing for respondent No. 4, and Mr. A. Chetry, learned Standing counsel, Pension and Public Grievances Department, appearing for respondent No. 1. 2. As agreed to by the learned counsel for the parties, the writ petition is taken up for disposal at the admission stage. 3. At the outset, the relevant facts may, briefly, be noticed. The petitioner, who was an Assistant Teacher in a provincialised school, superannuated on 31.05.2002 and, thereafter, she started receiving pension. The husband of the petitioner retired on 01.04.1989 as General Manager, District Industries Centre, and, on the death of her husband on 21.03.1997, the petitioner started getting family pension. However, ad hoc relief, such as, Dearness Relief and Medical Allowance were denied to her on the ground that she herself was an employee. After the superannuation of the petitioner, she submitted various representations before the respondent authorities for releasing ad hoc relief on her family pension. However, the same was not acceded to and, finally, by an order dated 22.07.2015 (Annexure-5), she was conveyed by the Chief Manager of United Bank of India, Secretariat (Dispur) Branch, Guwahati, that she is not entitled to Dearness Relief on her family pension. In this writ petition, the denial of Dearness Relief on her family pension is one of the grievances expressed by the petitioner. 4. Another issue projected by the writ petitioner is denial of the benefits as contained in Clause 3(b)(i) of the Office Memorandum dated 01.06.2010, issued by the Government of Assam, Pension and Public Grievances Department. By the aforesaid Memorandum dated 01.06.2010, pursuant to the decision of the Government on the recommendation of the Assam Pay Commission, 2008, it was stated that the Governor of Assam had accorded sanction for regulation/revision of pension/family pension with effect from 01.01.2006 in respect of pre 01.01.2006 pensioners/family pensioners in the manner as indicated therein. 5. A salient feature of the said Office Memorandum is that the Memorandum is to apply to all pensioners/family pensioners who were drawing/entitled to pension/family pension on 31.12.2005 under the Assam Services (Pension) Rules, 1969 as amended. 5. A salient feature of the said Office Memorandum is that the Memorandum is to apply to all pensioners/family pensioners who were drawing/entitled to pension/family pension on 31.12.2005 under the Assam Services (Pension) Rules, 1969 as amended. An existing pensioner/family pensioner is defined as a pensioner/family pensioner who was drawing or entitled to pension/family pension on 31.12.2005. The petitioner is both an existing pensioner and family pensioner as she was drawing pension and family pension on 31.12.2005. 6. Clause 3 of the aforesaid Office Memorandum provides for consolidation/revision of pension /family pension. It will be appropriate to extract Clause 3 of the aforesaid Office Memorandum for a better understanding: “3. Consolidation/revision of pension/Family pension. a. The pension/Family pension of existing pensioner/Family pensioner i.e. pre 01.01.2006 pensioner shall be consolidated/revised w.e.f. 01.01.2006 notionally by adding together - i. Existing Basic pension/family pension as on 31.12.2005. ii. Fitment benefit equal to 40% of basic pension/family pension and iii. Dearness Relief at the rate of 86% of Basic pension/Family pension. iv. The amount so computed on the basis of the above principles shall be rounded off to the next multiple of Rs. 10 and will be Basic Pension for all purposes with effect from 01.01.2006.” b. The above computation is subject to the following conditions: i. The revised Basic pension in no case shall be lower than fifty percent of the sum of minimum of the pay in the Pay Band and Grade Pay thereon corresponding to the pre-revised pay scale from which the pensioner had retired. ii. Pension for the purpose of this calculation will include commuted portion of pension if so commuted. iii. Payment of revised pension shall be subject to exclusion of commuted portion till the restoration is due. iv. No fresh commutation will be admissible on the revised pension.” 7. As on 31.12.2005, the petitioner was drawing family pension of Rs. 1,586.00. After coming into force of the aforesaid Office Memorandum on 01.06.2010, family pension was revised by the respondent No. 3 to Rs. 3,590.00 as on 01.01.2006 in terms of Clause 3(a) of the Office Memorandum. 8. Annexure-3, which is an extract of the revised pay structure, as published in the Assam Gazette (Extraordinary) dated 04.02.2010, indicates that the post of General Manager of District Industries Centre is in Pay Band 4, which is from Rs. 12,000.00 up to Rs. 40,000.00. 3,590.00 as on 01.01.2006 in terms of Clause 3(a) of the Office Memorandum. 8. Annexure-3, which is an extract of the revised pay structure, as published in the Assam Gazette (Extraordinary) dated 04.02.2010, indicates that the post of General Manager of District Industries Centre is in Pay Band 4, which is from Rs. 12,000.00 up to Rs. 40,000.00. The Grade Pay for the post of General Manager is fixed at Rs. 6,400.00. Submission of Mr. Ghosh is that the total of minimum of Pay Band amounting to Rs. 12,000.00 and the Grade Pay of Rs. 6,400.00 comes to a total of Rs. 18,400.00 and, as such, 50% of the same being Rs. 9,200.00, in terms of Clause 3(b)(i), revised pension cannot be less than Rs. 9,200.00. 9. It appears that there was confusion with regard to the fixation of revised pension in respect of pre 01.01.2006 pensioner/family pensioner and to dispel the misgivings and to clarify the intent of the Office Memorandum dated 01.06.2010, the Secretary to the Government of Assam, Pension and Public Grievances Department, issued a letter dated 07.08.2012 to respondent No. 4 as well as, amongst others, to the Regional Manager, United Bank of India, Central Assam Regional Office, Guwahati. In the said letter it was noted as follows: “ *** *** *** It has come to the notice of the Govt. that, dispute has arisen in the minds of some implementing authority as to the applicability of Section 3(b) I of the said O.M. in connection with the fixation of revised pension of Pre 01.01.2006 pensioner/family pensioner causing confusion in disposing of pension cases of concerned pensioners, whose cases are governed as per the Assam Services (Pension) Rules 1969. The Finance PRU Department was consulted and the Department vide their U/O No. FPC 147/2010 dated 30.09.2010 and No. FPC 89/2010 dated 26.07.2012 has further clarified the matter that the provision contained in para 3(b) (I) of Office Memorandum No. PPG(P) 88/2010/26 dated 01.06.2010 appears to be clear and is in order. In view of the above, you are requested to take in to account the Ready Reckoner and the provision of Section 3(b)(I) of the O.M. No. PPG(P) 88/2010/26 dated 01.06.2010 while fixing of pension/family pension of Pre 01.01.2006 pensioner subject to the maximum limit of Rs. 27,500/- (twenty seven thousand and five hundred) per month. In view of the above, you are requested to take in to account the Ready Reckoner and the provision of Section 3(b)(I) of the O.M. No. PPG(P) 88/2010/26 dated 01.06.2010 while fixing of pension/family pension of Pre 01.01.2006 pensioner subject to the maximum limit of Rs. 27,500/- (twenty seven thousand and five hundred) per month. It is further clarified that this order shall be applicable to those pensioners who have drawing pension on 01.01.2006 in the Pre Revised Scale.” 10. A perusal of the above extract demonstrates that Clause 3(b)(i) is to be taken into account while fixing pension and family pension in respect of pre 01.01.2006 pensioners. It is apparent that the United Bank of India (respondent No. 3) had not taken into account Clause 3(b)(i) while undertaking exercise of revision of family pension of the petitioner. In that view of the matter, the respondent bank is directed to take into account Clause 3(b)(i) for the purpose of fixation of family pension as expeditiously as possible and, at any rate, within a period of six weeks from today. 11. Now, coming to the other question posed by the petitioner, i.e., whether the petitioner, she being a pensioner herself, is entitled to ad hoc relief on family pension, suffice it to say that the issue is no longer res integra. In H.S.E.B. and Ors. vs. Azad Kaur, reported in (2000) 2 SCC 227 , the Supreme Court held that the mere fact that the widow was independently employed as a teacher elsewhere even prior to the death of her husband, cannot deprive the family of the benefit of ad hoc relief on family pension. 12. In that view of the matter, the writ petitioner will be entitled to ad hoc relief in the form of Dearness Relief and Medical Allowances. The respondents are directed to do the needful. 13. Writ petition is allowed and disposed of as indicated above. No cost.