WP(C) 1994/2009 BEFORE HON’BLE MR JUSTICE I. A. ANSARI The petitioner’s case, in brief, is thus: The husband of the writ petitioner wo rked as Muster Roll worker in the department of PHE, Hailakandi Division, since 20.05.1985. By order, dated 30.03.2005, the service of the petitioner’s husband was regularized with effect form 03.02.2005. However, within a period of two yea rs, the petitioner’s husband died, on 12.04.2007, leaving behind the petitioner and three minor children, whereupon she was provided with family pension by orde r, dated 16.02.2009. Subsequent thereto, however, by order, dated 27.02.2009, re spondent No.7 declined to give the benefit of Office Memorandum, dated 20.05.200 9, whereunder the Government had decided that after the regularization of servic e of Master Roll Workers, the period of services of a Master Roll Worker beyond the initial period of six years as Master Roll Worker shall qualify him for the purpose of pension. The ground for refusal to give the pension was that the Offi ce Memorandum , dated 20.05.2009, came into force with its publication on 20.05. 2009, whereas the husband of the petitioner had died as far back as on 12.04.200 7. The controversy, therefore, which the present writ petition has raised is whe ther the Office Memorandum, aforementioned, covers the case of the present petit ioner. Heard Mr. A. Choudhury, learned counsel for the writ petitioner, and Ms. V. L. S ingh, learned Government Advocate, Assam, appearing for respondent Nos.1, 2, 3, 4 and 8. Also heard Mr. C. Baruah, learned Central Govt. Counsel, appearing for respondent Nos.5, 6 and 7, and Mr. U. K. Nair, learned Standing counsel, Pension & Public Grievance Department, Government of Assam. The entire controversy, in this writ petition, is on the correct interpretation of the Office Memorandum, dated 20.05.2009, whereby the Government has granted t he benefit of pension to a class of Muster Roll workers. The Office Memorandum, 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, was as to whether those Muster Roll workers, who h ad died before 20.05.2009, would or would not be covered by Office Memorandum, d ated 20.05.2009. 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 the Office Memorandum, dated 20.05. 2009, would cover those persons, who might have died before the said Office Memo randum was issued by the Pension and Public Grievance Department. It has, howev er, been made clear by the said Department that though the benefit of the Office Memorandum, dated 20.05.2009, would be available to those, who might have died before the said Office Memorandum came into force, they would not be entitled to arrears on the basis of the Office Memorandum, dated 20.05.2009, meaning thereb y that those Muster Roll workers, who may have died after regularization of the ir service but before 20.05.2009, would be beneficiary under the said Office Mem orandum and that they would receive pension with effect from 20.05.2009, but the y would not be entitled to any arrear pension in this regard. Situated thus, it is clear that the petitioner is entitled to family pension, w. e.f. 20.05.2009, if the Office Memorandum, dated 20.05.2009, is properly and cor rectly interpreted. Considering, therefore, the matter in its entirety and in the interest of justic e, this writ petition is disposed of with direction to the respondents, particul arly, respondent No. 1, namely, Commissioner and Secretary to the Government of Assam, Public Works Department, to examine the claim of the petitioner in the li ght of what have been observed above and, if the claims of the petitioner are fo und to be true and correct, necessary action shall be taken by the respondents/a uthorities concerned to enable the petitioner receive her pension. The whole exercise, directed hereinabove, shall be completed within a period of three months from the date of receipt of a copy of this order by the respondent No. 1, namely, Commissioner and Secretary to the Government of Assam, Public Wor ks Department. The petitioner may furnish to the respondent No. 1 a certified c opy of this order along with copy of the Annexure thereto. The petitioner shall co-operate with the respondents/authorities concerned, in this regard, by makin g available to the respondents/authorities concerned all such papers/documents, which may be required for the purpose of enabling the respondents/authorities co ncerned to do the needful in accordance with law. With the above observations and directions, this writ petitions stands disposed of. A copy of the Clarifications, which has been submitted by Mr. U. K. Nair, learne d 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.