WP(C) 1704/2011 BEFORE HON’BLE MR. JUSTICE IA ANSARI Heard Mr. H Talukdar, learned counsel for the petitioner, and Ms. S Sarm a, learned counsel for the respondent Nos. 1 and 4. Heard also Mr. UK Nair, lear ned counsel appearing on behalf of the respondent No. 2, and Mr. C Baruah, learn ed counsel, appearing on behalf of respondent No. 3. The petitioner claims that he has been working as MR Labour in the office of the Executive Engineer, PWD, National Highway Division, Dibrugarh, since 01-03-1970 and pursuant to Office Order No. 119, dated 30-08-1997, issued by the Executive Engineer, PWD, NH Division, Dibrugarh, petitioner’s service was brought into re gular cadre of work charged employees with effect from 01-08-1998 and, thereafte r, his service was brought to regular cadre of MR Labour, with effect from 20-10 -2005, by the Order No. 08, dated 20-01-2006. In course of time, the petitioner retired, on attaining the age of superannuation, on 31-07-2009. The petitioner claims that the period of service, rendered by him, both as regul ar as well as non-regular MR Labour, is 39 years and 5 months and out of this to tal period of 39 years and 5 months, he served as casual MR Labour for 27 years and 5 months, as a regular Work Charged employee for 7 years, 9 months and 19 da ys and as a regular MR Labour for 4 years 2 months and 11 days. On his retirement, as indicated hereinabove, the petitioner submitted all his ne cessary papers/documents seeking pension and the respondent No. 4, namely, Execu tive Engineer, PWD, NH Division, Dibrugarh, accordingly forwarded the petitioner ’s papers, on 18-09-2009, to the respondent No. 3, namely, Accountant General, ( A&E), Assam, so as to enable the petitioner receive pension. However, by order, dated 05-11-2009, respondent No. 3, namely, Accountant General, (A&E), Assam, de clined to pass necessary order(s) granting pension to the petitioner. Aggrieved by the denial of pension, the petitioner is before us, with this application, ma de under Article 226 of the Constitution of India, seeking issuance of appropria te direction(s) to be issued to the respondents. While considering the present writ petition, it needs to be noted that taking in to account the proviso to Rule 31 of the Assam Service (Pension) Rules, 1969, th is Court, in Kabiram Rajbangshi -vs- State of Assam & Ors, reported in 1997 (1) GLT 589, had directed the respondents/authorities concerned to regularize the pe riod of service of MR worker for the purpose of enabling him to receive pension. Following the decision, so rendered, the State Cabinet took a decision, on 01-0 1-2009, to take into account the substantial portion of the service rendered by a MR worker, who becomes regularized, so as to enable such a MR worker receive p ension and pensionary benefits. Following the State Cabinet’s decision, an offic e memorandum, has, in fact, been issued, on 18-03-2010, which requires the respo ndents/ authorities concerned to count the period of service, which a MR worker might have rendered without his services being regularized, and the scheme, in t his regard, is that after deducting the initial period of six years from the tot al period of service, which a MR worker renders prior to his regularization, the remaining period shall be counted for the purpose of making available to him pe nsion and pensionary benefits, the relevant guidelines read as under: To meet the above points, the following clarifications have been given: (1) Irrespective of the date of regularization, on regularization of services of a Muster Roll Worker by appointing him in a personal Grade-IV post, his Muster Roll service will be counted for the purpose of pension with effect from the dat e of his initial engagement as a Muster Roll Worker after deducting initial peri od of 6(six) years from his total Muster Roll Service prior to regularization, i n terms of Office Memorandum No. PPG(P)88/2009/2, dated 20-05-2009 issued by the Pension & Public Grievances Department. (2) For the purpose of determining the past Master Roll service prior to regular ization, the Appointing Authority/Head of Office should furnish documentary proo f of actual engagement of Muster Roll Worker concerned such as, Muster Roll, Pay Voucher, Order of Engagement etc. alongwith a certificate to the effect that th e Muster Roll worker concerned has been rendering uninterrupted service with eff ect from the date of engagement (documentary proof for actual engagement will be furnished along with the pension papers). In view of the fact that the petitioner seeks benefit under the office memorandu m, dated 18-03-2010, aforementioned, it is, in the facts and circumstances of th e present case, required that the respondents shall examine the claim of the pet itioner in the light of the policy decision of the State Government as reflected by the office memorandum, dated 18-03-2010, aforementioned and, then, do the ne edful in accordance with law. 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 Nos. 1, 2 and 3, namely, Commissioner and Secretary to the Gove nrment of Assam, Public Works Department (Building & NH), Dispur, Secretary, Pen sion and Public Grievances Department (P&PG), Dispur, and Accountant General, (A &E), Assam, respectively, to examine the petitioner’s case in the light of the r elevant provisions of law, the decision of this Court in Kabiram Rajbangshi (sup ra) and the office memorandum, dated 18-03-2010, aforementioned and, then, pass appropriate order(s) in the matter. The whole exercise, so directed, shall be co mpleted within a period of 10 weeks from the date of receipt of a copy of this o rder by the respondent No. 1. Whatever decision is taken by the respondent/autho rities concerned, the same shall be communicated, in writing, to the petitioner and if the petitioner feels aggrieved by the decision(s), which may be reached b y the respondents, the petitioners shall remain at liberty to take recourse to a ppropriate provisions of law. With the above observations and directions, this writ petition shall stand dispo sed of. Furnish a copy of this order to the learned counsel for the respondents.