JUDGMENT : Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Mr. N. Sarma, learned standing counsel for the Elementary Education Department as well as Mr. R. Borpujari, learned counsel for the Finance Department and Mr. M. Khataniar, learned counsel for the BTC and Ms. M.D. Bora, learned counsel for the Pension Department. 2. Considering the nature of the grievance raised in this petition that the family pension claimed by the petitioner had not been processed and upon hearing the learned counsel for the parities, the Court is of the view that the matter can be given a final consideration in the motion stage itself. 3. The husband of the petitioner namely Upendra Brahma served as an Assistant Teacher of 2245 No Bhelakoba L.P. School in the Kokrajhar district. It is stated that he was initially appointed as OBB teacher (7066) as per order dated 23.03.2001 at a fixed pay Rs.1800/- per month, thereupon by the order No. DE/BTC/OBB(7066)/Appt-142/2010/254-A dated 12th August 2010, the services of the husband of the petitioner was regularized against the sanctioned post and was posted at 2245 No. Bhelakoba L.P. School. Subsequently, after completion of the junior basic training course, he was allowed to draw the regular scale of pay. 4. It is stated that the husband of the petitioner was otherwise covered by the New Pension Scheme of 2010, which came into effect on and from 01.02.2005. But in course of his employment, the husband of the petitioner died due to illness on 20.10.2012. On his death, the petitioner being the wife had made a claim for family pension benefit. For the purpose, the petitioner refers to an office memorandum No. PPG(G) 165/2014/17 dated 14.06.2016 of the Pension and Public Grievance Department of the Govt. of Assam, wherein, it was provided that the Govt. of Assam was pleased to extend the additional benefit on a provisional basis to the families of the State Govt. servants who came within the purview of NPS i.e. appointed on or after 01.02.2005 on getting discharged due to invalidation/disability or have died-in-harness after 01.02.2005. According to the petitioner her husband having died-in-harness after 01.02.2005 is covered by the aforesaid provision of the office memorandum 14.06.2016. 5. servants who came within the purview of NPS i.e. appointed on or after 01.02.2005 on getting discharged due to invalidation/disability or have died-in-harness after 01.02.2005. According to the petitioner her husband having died-in-harness after 01.02.2005 is covered by the aforesaid provision of the office memorandum 14.06.2016. 5. It is the grievance of the petitioner that although the claim was made that the respondent authorities are not doing the needful so as to give a consideration to the claim of the petitioner, but on a query raised, it has been pointed out that the Block Elementary Education Officer of Parbatjhora, Kazigaon as well as the Deputy Inspector of School, Gossaigaon Sub-division are not forwarding the claim of the petitioner to the Pension Department. A question has been raised that as the office memorandum is dated 14.06.2016, therefore the provision thereof would be prospective in nature and as the husband of the petitioned had died in the year 2012, therefore, he is not entitled to pension. 6. Without expressing any view on the aforesaid issue being raised, the Court is of the view that it is for the Pension Department to take a decision on the same as to whether in the facts of the present case the petitioner is entitled to family pension. As the decision as to whether the petitioner is entitled to family pension is to be taken by the Pension Department, the Court does not find any reason for the Block Elementary Education Officer, Parbatjhora, Kazigaon and Deputy Inspector of School, Gossaigaon not to forward the claim of the petitioner to the Pension Department for its due consideration and appropriate order. 7. In any view of the matter, neither the Block Elementary Education Officer, Parbatjhora, Kazigaon nor the Deputy Inspector of School, Gossaigaon are the appropriate authority to take a decision and as they are not appropriate authority, they also do not have any discretion vested in them to retain the file with themselves and not to forward the claim. 8. Accordingly, it is directed that the Block Elementary Education Officer, Parbatjhora, Kazigaon and Deputy Inspector of School, Gossaigaon to transmit the claim of the petitioner under the office memorandum dated 14.06.2016 and upon the same being forwarded, the authorities in the Pension Department shall give due consideration to the same and pass a reasoned order thereon. 9. 8. Accordingly, it is directed that the Block Elementary Education Officer, Parbatjhora, Kazigaon and Deputy Inspector of School, Gossaigaon to transmit the claim of the petitioner under the office memorandum dated 14.06.2016 and upon the same being forwarded, the authorities in the Pension Department shall give due consideration to the same and pass a reasoned order thereon. 9. The consideration shall be given by the Pension Department within a period of two months from the date of receipt of the certified copy of the order. Writ petition is allowed to the extent indicated above.