JUDGMENT AND ORDER (ORAL) Heard Mr. S.N. Tamuli, the learned counsel for the writ petitioner and Mr. A Chetri, the learned counsel for the respondent No.1. Mr. RK Talukdar, learned counsel appears for respondent No.4 whereas Ms. DD Barman, learned State counsel appears for the respondent Nos. 2, 3 and 5. 2. The case of the writ petitioner is that he initially joined his service as Extra Writer in the office of the Sub-Registrar, Jorhat on 25.6.1964 and from which post, he retired on 30.4.1998 on attaining the age of superannuation. 3. The family pension paper of the petitioner was forwarded to the respondent No.4 for release of family pension vide letter dated 16.6.1999. However, the respondent No.4 vide communication dated 19.5.2000 (Annexure-6) informed the District Registrar, Jorhat that as per the Service Book of the petitioner’s husband, he had rendered only 9 years and 9 months of temporary service and he was not confirmed. Therefore, he was only entitled to terminal gratuity as per the relevant rules. The provisional family pension and DCRG sanctioned to the late husband of the petitioner was therefore found to be unauthorized and thus the Service Book and family pension papers were returned for re-submissions in terms of the observations given. 4. The learned counsel for the petitioner submits that the service of the petitioner’s husband was regularized vide notification dated 19.5.1989 w.e.f. 1.1.1988. The learned counsel for the petitioner submits that from the list of Extra-Writer submitted by the Deputy Secretary to the Government of Assam, Registration Department dated 23.11.1989 (Annexure-2), the date of regularization of the petitioner as well as other similarly situated persons can be seen. The learned counsel further submits that the name of the late petitioner’s husband also find place at serial No.22 of the list issued vide office order dated 20.8.1990 (Annexure-3). Although the office of the District Registrar at Jorhat had made several communications in favour of the petitioner’s late husband for condonation of the deficiency in service, the same has received no consideration. The petitioner herself on 6.9.2009 submitted a representation to the respondent No.1 which again was not considered by the said authority. Having no other option, the petitioner is before this Court. 5. The petitioner herself on 6.9.2009 submitted a representation to the respondent No.1 which again was not considered by the said authority. Having no other option, the petitioner is before this Court. 5. The learned counsel for the writ petitioner submits that the case of the petitioner is squarely covered by the various judicial pronouncements wherein the case of an employee who had deficiency in service rendered for being entitled to family pension has been duly considered. He further submits that Rule-31 of the Assam Services (Pension Rules) 1969 clearly provides that the deficiency in qualifying service can clearly be considered and addressed by the appropriate authority. Furthermore, Rule -67 of the same Rules also provides that the condonation of deficiency in service can be considered for a period not exceeding 12 months. It is also noticed that Office Memorandum issued under Memo No. PPG (P) -196/92/61 dated 6.9.2003 issued by the respondent No.1 also provides that the Government servant rendering 20 years of continuous service without being confirmed would be eligible for pensionary benefit. 6. Considering the case of the writ petitioner as well as the relevant rules and OM that has been referred to, the writ petition is disposed of with a direction to the respondent No.2 to examine the claim of the writ petition in the light of the pension rules referred to above as well as the office memorandum and the observations made herein above and dispose of the claim of the petitioner within a period of 2(two) months from the date of receipt of a certified copy of this order. If the petitioner is found to be eligible to receive the family pension and other benefits, respondent No.2 shall thereafter forthwith furnish pension papers to the respondent No.4 for taking necessary action. The office of the Accountant General shall thereafter process the pension papers for payment within a period of 3(three) weeks thereafter. 7. With the above observations and directions, the writ petition stands disposed of. No cost.