WP(C) 734/2011 BEFORE THE HON’BLE MR. JUSTICE I. A. ANSARI Heard Mr. B. Padu, learned counsel for the petitioner, and Mr. B. Goswami, learn ed counsel for respondent Nos.1, 3, 4, 5 and 6. Also heard Ms. R. Baruah, learne d counsel for the respondent No.2. The petitioner, on 01.5.1990, joined as Muster Roll Worker in the office of the respondent No.6, namely, Executive Engineer, North Lakhimpur END Division, Lakhi mpur. Accompanied by some other persons working in the said Division, the petiti oner filed a writ petition, under Article 226 of the Constitution of India, seek ing directions to be issued to the respondents herein to regularise the services of the petitioner and his co-petitioners. The writ petition gave rise to Civil Rule No.2828 of 1998. Upon hearing, the writ petition was disposed of, on 8.3.19 99, making it clear that the petitioner’s case was squarely covered by the judgm ent and order, dated 23.9.1998, passed in Civil Rule No.4411 of 1995, whereby di rections had already been issued to all the departments, under the State Governm ent, to take steps to regularise those persons, who had been engaged prior to 01 .4.1993. Following the disposal of the writ petition, by order, dated 8.3.1999, aforement ioned, in Civil Rule No.2828 of 1998 and pursuant to the Government notification No.FC(E) 85/95/98, dated 29.6.1999, Order No.241 was published, on 19.10.2004, by the respondent No.6 regularising the petitioner’s service as a Chowkidar in t he office of the respondent No.6. In course of time, however, another order was issued by respondent No.6 bearing Office Order No.7, dated 17.01.2006, whereby t he petitioner’s service was converted to a personal post. The petitioner’s servi ce stood approved by the respondent No.2, namely, the Department of Finance, Gov ernment of Assam, in terms of the letter No.FEC(II) 1/2005/66, dated 22.06.2005. Despite the fact that the petitioner’s service stand approved for regularisation , he is not being paid his salary since the month of March, 2009. The petitioner , therefore, has filed this writ petition, under Article 226 of the Constitution of India, seeking issuance of appropriate directions to the respondents. While considering the writ petition, it needs to be pointed out that on 01.10.20 05 respondent No.1 issued letter No.WR(E) 143/2003/PT/181 for creation of posts for regularising the services of Work-charged/Muster Roll Workers engaged prior to 01.4.1993 and who are continuously in their service without interruption/gap. On 27.9.2006, the Deputy Secretary (I) to the Government of Assam, Water Resour ce Department, issued letter No.WR(E) 143/2003/PT/326, whereunder a list of Work Charged/ Muster Roll Workers was approved for retention for the year 2006-2007. In the approved list so issued on 27.9.2006, the petitioner’s name was incorpor ated at Serial No.18, but his date of birth was wrongly mentioned as 31.04.1989 instead of 30.04.1969. Thereafter, correspondences began for correction of the d ate of birth of the petitioner. When the petitioner’s date of birth was correcte d as 30.04.1969 instead of 31.04.1989, another error was detected, the error bei ng that the petitioner’s name was mentioned as Ramesh Dutta instead of Pradip Du tta. Necessary communication has, now, been made by the respondent No.6 with the respondent No.1 by former’s letter, dated 02.04.2011. The respondents, now, contend that the salary of the petitioner will be paid, wh en the appropriate retention order is made correcting the name of the petitioner in the approved list. The respondents also submit that the respondents have dec ided to retain the petitioner as a Chowkidar and rescind the conversion of the p ost by order, dated 17.01.2006. Considering the fact that the respondents agree that the petitioner’s name exist s in the approved list aforementioned, which would be corrected and, upon retent ion being made available, the petitioner would be paid his salary and allowances this writ petition is hereby disposed of with directions to the respondents, pa rticularly, respondent Nos.1 and 2, to do the needful in accordance with law so as to enable the petitioner receive his salary and allowances. The whole exercis e, so directed, shall be completed within a period of two months from the date o f receipt of a copy of this order by the respondent No.1, namely, the Commission er and Secretary to the Government of Assam, Water Resources Department. The petitioner may furnish to the respondent No.1 a certified copy of this order along with a copy of the writ petition and the annexures thereto. No order as to costs.