Anima Hazarika, J.

1. Heard Mr. D. Borah, learned counsel for the petitioner. Also heard Mr. D.P. Borah, learned counsel for the respondent Nos. 1, 3, 4 and 5, Mr. A.H. Chetri, learned counsel for respondent No. 2 and Mr. C. Baruah, learned Standing Counsel, Accountant General, for respondent No. 6. Praying for a direction to the respondent authorities to release the pension, gratuity and all other admissible retirement benefits, the instant writ petition has been filed by the petitioner invoking power under Article 226 of the Constitution of India.

2. Petitioner's case in brief is that the petitioner had joined as Muster Roll Labourer on 6.6.1987 in the office of the Executive Engineer, PWD (Roads), Umpanai Division, Ulukunchi in the district of Karbi Anglong. He retired from service on 31.7.2007, i.e. he served the department continuously without any break for 20 years and without any blemish. During the tenure of services as Muster Roll Worker, the Government of Assam framed a scheme for regularisation of service of the Muster Roll Labourers. Accordingly, as per office order No. 32 dated 7.10.2005 issued by the respondent No. 4, the service of the petitioner was brought to regular cadre in the scale of pay of Rs. 2450-40-2770-EB-60-3490-90-3670 per month and other allowances as admissible from time to time with effect from 22.7.2005. Alongwith the petitioner, other similarly situated 30 Muster Roll Labourers ('MRL' for short) were also brought to the regular cadre in the same scale of pay as allowed to the petitioner. Respondent No. 4 vide office order No. 20 released the petitioner from the department on his attaining the age of superannuation on 31.7.2007. The respondent No. 4, thereafter, vide letter dated 27.11.2007 submitted before the respondent No. 6 the pension papers of the petitioner alongwith the original service book. However, the pension papers which were sent by the respondent No. 4 to the respondent No. 6 were returned by the respondent No. 6 asking respondent No. 4 to submit the Service Roll of petitioner. On coming to know about the same, the petitioner had visited the office of the respondent authorities on several occasions and requested the authority concerned for payment of pension alongwith the other retirement benefits. However, till date, the authority has not released the pension, retirement benefits etc. to the petitioner and hence, the instant application with the aforesaid prayer.

3. Mr. Bora, learned counsel for the petitioner has brought to the notice of the Court the office memorandum dated 20.5.2009 and 18.10.2010. The same being relevant are quoted hereinbelow:--

GOVERNMENT OF ASSAM

PENSION AND PUBLIC GREVANCES

DEPARTMENT

DlSPUR::GUWAHATI-5

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/D.C.R.G.

Consequent upon the Govt. decision to regularise the services of Muster Roll Workers of Different Government departments, Govt. have been considering for sometime 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 regularisation of the services of the Muster Roll Workers the period of Muster Roll services beyond the initial period of 6 (six) years of Muster Roll service shall qualify for the purpose of pension and D.C.R.G. subject to fulfillment of the following conditions:

1. The period of Muster Roll Services of initial 6 (six) years will be deducted.

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, P.W.D. Code stand amended to the extent of the order contained herei