1. Both the writ petitions pertaining to claim for monthly pension have been heard analogously and are being disposed of by this common judgment and order. In both the writ petitions, the petitioners are aggrieved by the decision of the office of the Accountant General to the effect that the petitioners having not rendered qualifying service, they are not entitled to monthly pension.

2. The petitioners while were serving in the then Assam State Minor Irrigation Development Corporation (ASMIDC) were absorbed along with others in the Irrigation Department vide notification dated 13/03/2005 laying down the following conditions.

“1. Inter-se-seniority to the proposed absorption against the analogous vacant pots may be fixed below the existing respective cadres of Irrigation Deptt.

2. On permanent absorption the pay of the employees concerned shall be fixed under F.R. 22(I)(b) of the FR & SRs.

3. They are entitled to pensionery benefits as admissible under the Assam Service (Pension) Rules, 1969, on their absorption/Aptt. in Irrigation Department.

4. The will have to sign undertaking individually regarding non claim of seniority in Irrigation Deptt. for their post services rendered unde