WP(C) 1020/2009 BEFORE HON’BLE MR JUSTICE B.P. KATAKEY Heard Mr. Dasgupta, learned counsel for the petitioner as well as Mr. BJ Ghosh, learned State counsel for the respondents. The petitioner, by the present petition, is praying for a direction to t he respondent authorities to allow him to resume his duties as Muster Roll Khala shi in the office of Executive Engineer, Sonari Sub-division under Nazira Divisi on of Upper Assam Zone of Public Health Engineering Department contending that t hough he was engaged as Muster Roll worker in the year 1990 and continued to dis charge his duties till 30.6.2002, from 1.7.2002 to 21.10.2005 because of his ail ment he could not attend his duties. According to the petitioner, the Secretary to the Govt. of Assam, PHE Department vide communication dated 4.10.2005 informe d the Accountant General, A&E (Audit) that the services of 728 numbers of muster roll workers including the petitioner were regularized who were engaged prior t o 1.4.1993 and since after his recovery from ailment, he has not been allowed to resume his duties, he has not been able to get the benefit of such regularizati on. The petitioner further contends that after his recovery from illness an appl ication was filed by him for allowing him to join his duties which though was fo rwarded to the higher authority no decision was taken in that regard till date. The learned standing counsel referring to the averments made in the affi davit-in-opposition filed by the respondent No. 6, the Executive Engineer, PHE D epartment, Nazira has stated that though the Accountant General was informed vid e communication 4.10.2005 about the regularization of the services of 728 muster roll workers including the petitioner, since the petitioner was not attending h is duties from 1.7.2002 to 20.10.2005, the benefit of regularization could not b e given to the petitioner. Mr. Ghosh, learned State counsel, however, has submitted that though the Chief Engineer was informed about the filing of the application dated 21.10.200 5 by the petitioner for allowing him to resume his duties, the Executive Enginee r has not been informed about the outcome of the same and as such no order has b een passed on the said application dated 21.10.2005 filed by the petitioner. It appears that there is no dispute that the petitioner was engaged as M uster Roll worker prior to 1.4.1993. The Secretary to the Govt. of Assam, PHE De partment vide communication dated 4.10.2005 informed the Accountant General, A&E (Audit) about the regularization of 728 muster roll workers who were engaged pr ior to 1993. The name of the petitioner also figured in the list appended to the said communication. The petitioner, therefore, was found to be eligible for reg ularization in service. The benefit of such regularization has not been given to the petitioner on the ground that he has not attended the duties from 1.7.2002. According to the petitioner he could not attend his duties as he was suf fering from schizophrenia and immediately on recovery he filed an application be fore the Executive Engineer for allowing him to resume his duties. The affidavit filed by the Executive Engineer does not disclose about the fate of such applic ation filed by the petitioner and the decision taken by the appropriate authorit y on such application. That being the position, the present petition is disposed of with the di rection to the Secretary to the Govt. of Assam, PHE Department to consider the p rayer of the petitioner for allowing him to resume the duties and to enjoy the b enefit of the communication dated 4.10.2005 issued by the Secretary to the Accou ntant General and to pass necessary order thereof. The same shall be done within a period of thirty days from the date on w hich a certified copy of this order is produced before the concerned authority b y the petitioner. The writ petition is disposed of. No cost.