WP(C) 1044/2011 BEFORE HON’BLE MR JUSTICE I A ANSARI The petitioner’s case, in brief, is thus: The writ petitioner worked as Muster Roll worker under Public Works Department, at Tangla PWD (Roads) Division, since 01.07.1956, on temporary basis, and his service was regularized with effect fro m 25.08.1984. The petitioner retired from service on 30.04.1985 after rendering service for about 28 years 9 months and 29 days. After his retirement, the pet itioner submitted application to the respondents/authorities concerned seeking f amily pension along with other benefits, but his prayer was rejected. Aggrieved by the rejection of her prayer for pension and other pensionary benefits, the p etitioner approached the High Court by filing a writ petition, which gave rise t o WP(C) NO. 3409/2008. The High Court, while disposing of the said writ petitio n, directed the respondents to verify the service particulars of the petitioner and, if the same were found to be correct, to consider the period of service of the petitioner for the purpose of computing pensionary benefits of the petitione r. Thereafter, by a letter, dated 12.11.2010, the petitioner was informed by th e Treasury Office, Mangaldai, that the pension and other pensionary benefits of the petitioner were computed w.e.f. 20.05.2009 as per guidelines issued by the P ension and Public Grievances Department, Government of Assam. Aggrieved by the action of the respondents, in not considering the period of service of the petit ioner, prior to 20.05.2009, for the purpose of computing pension and other pensi onary benefits, the petitioner has filed this writ petition, under Article 226 o f the Constitution of India, seeking appropriate direction. Heard Mr. K. J. Saikia, learned counsel for the writ petitioner, and Mr. Saumitr a Saikia, learned counsel for respondent Nos. 1, and 4. Heard also Mr. U. K. Na ir, learned Standing counsel, Pension & Public Grievance Department, Government of Assam, appearing on behalf of respondent No. 5. The entire controversy, in this writ petition, is on the correct interpr etation of the Office Memorandum, dated 20.05.2009, whereby the Government has g ranted the benefit of pension to a class of Muster Roll workers. The Office Mem orandum, dated 20.05.2009, being relevant, is reproduced below: No. PPG(P)88/2009/2 Dated Dispur, the 20th May, 2009 OFFICE MEMORANDUM Sub: COUNTING OF PAST SERVICES OF MUSTER ROLL WORKERS TOWARDS PENSION/DCRG Consequent upon the Govt. decision to regularize the services of Muster Roll wor kers of different Government departments, Govt. have been considering for someti me past the question of counting of a portion of Muster Roll Period of services towards pension, gratuity etc. After careful consideration of all aspects, the Governor of Assam is pleased to order that, after regularization of the services of the Muster Roll workers, the period of Muster Roll services beyond the initial period of 6 (six) years of Mu ster Roll service shall qualify for the purpose of pension and DCRG subject to f ulfillment of the following conditions: (1) The period of Muster Roll Services of initial 6 (six) years will be dedu cted. (2) Such Muster Roll period of service will be continuous and the incumbent was not employed for specific broken period. (3) The service was paid at monthly rates or daily rates and paid monthly at rates which has some relation to pay for similar jobs in regular establishments The Assam Services (Pension) Rules, 1969, Assam Financial Rules and Assam PWD Co de stand amended to the extent of the order contained herein. Formal amendments will be issued in due course. This issues with the concurrence of Finance (EC-II) Department vide their U/O No . FEC(II) 169/09 dated 11.02.09. The controversy, which arose in the present writ petition, was as to whether the period of service of the present petitioner, prior to 20.05.2009, would or woul d not be counted for the purpose of computing pension and pensionary benefits of the petitioner. The petitioner claims that the respondents have considered onl y the period of his service, subsequent to 20.05.2009, for the purpose of comput ing his pension and pensionary benefits, whereas he had rendered service for mor e than 28 years 9 months. Learned counsel for the Pension & Public Grievances Department, Government of As sam, has, now, produced a letter, dated 15.06.2011, from the Commissioner & Secr etary to the Govt. of Assam, Pension & Public Grievances Department, whereby it has been made clear that the date of effect of the Office Memorandum, dated 20.0 5.2009, which was issued fixing the qualifications/criteria, in respect of Muste r Roll workers, for being entitled to receive pension and other pensionary benef it, will be 20.05.2009. The Office Memorandum, dated 20.05.2009, and the letter, dated 15.06.2011, afore mentioned also make it abundantly clear that those Muster Roll workers, who may have retired/died after regularization of their services but before 20.05.2009, would be beneficiary under the said Office Memorandum and that they would receiv e pension with effect from 20.05.2009, but they would not be entitled to any arr ear pension in this regard. Considering, therefore, the matter in its entirety and in the interest o f justice, this writ petition is disposed of with direction to the respondents, particularly, respondent No. 1, namely, Commissioner and Secretary to the Govern ment of Assam, Public Works Department, to examine the claim of the petitioner i n the light of what have been observed above and do the needful in accordance wi th law. The petitioner may furnish to the respondent No. 1 a certified copy of this order along with copy of the Annexure thereto. The petitioner shall co-ope rate with the respondents/authorities concerned, in this regard, by making avail able to the respondents/authorities concerned all such papers/documents, which m ay be required for the purpose of enabling the respondents/authorities concerned to do the needful in accordance with law. With the above observations and directions, this writ petitions stands d isposed of. A copy of the Clarifications, which has been submitted by Mr. U. K. Nair , learned Standing counsel, Pension & Public Grievance Department, Government of Assam, shall be kept with the record of this case. Furnish a copy of this order to the learned counsel for the respondents.