WP(C) 5520/2009 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 under the Executive Engineer, Public Works Department , Guwahati (Building) Division No. II, since 1989, and his services were regular ized with effect from 22.07.2005. The petitioner’s husband died in harness, on 16.12.2006, leaving behind his wife, i.e., the present petitioner, and other fam ily members. On expiry of her husband, the petitioner submitted application to the respondents/authorities concerned seeking family pension along with other b enefits, but her request was rejected. Aggrieved by the rejection of her reques t for pension and other pensionary benefits, the petitioner has filed this writ petition, under Article 226 of the Constitution of India, seeking appropriate di rection. Heard Mr. S. Bora, learned counsel for the writ petitioner, and Mr. Saumitra Sai kia, learned counsel for respondent Nos. 1, 2, and 3. Heard also Mr. U. K. Nair , 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, 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 its, 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. 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, if the claims of the petition er are found to be true and correct, necessary action shall be taken by the resp ondents/authorities concerned to enable the petitioner receive her pension. The whole exercise, directed hereinabove, shall be completed within a pe riod of three months from the date of receipt of a copy of this order by the res pondent No. 1. 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 d isposed of. A copy of the communication, dated 15.06.2011, along with the enclosures thereto, which have 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.