1. This writ appeal is directed against the common order dated 20.12.2013 passed by a learned Single Judge of this High Court, whereby he has disposed of a bunch of writ petitions and one Review Petition with certain directions. These writ petitions are – WP (C) No. 8216 of 2004; WP (C) No. 1271 of 2006; WP (C) No. 4759 of 2007; WP (C) Nos. 3902 of 2008; WP (C) Nos. 5118, 3658, 3086, all of 2010; WP (C) Nos. 582, 6301, 3284, 5160, 2149, 6125, 6227, 1738, 6346, 6633, 4422, 6522, 5251, 2540, 3847, 5952, all of 2011; WP (C) Nos. 4180, 1053, 6269, 1801, 480, 518, 489, 5256, 512, 29, 174, 6128, 3574, 2733, 661, 13, 912, 1012, 6399, 1880, 1766, 1116, 627, 3119, 2984, 2548, 4955, all of 2012; WP (C) Nos. 1801, 1843, 1791, 816, 1697, 2315, 574, 1111, 1863, 2170, 278, 277, 1402, 1428, all of 2013 and Review Petition No. 57/2009.

2. The core issue, which calls for our consideration, is whether in the fact situation of the case, the respondents, who are Muster Roll workers, Work Charged workers and Casual workers, are entitled for regularization of their services with consequential benefits such as pension etc.

3. In several engineering and works related Departments of the State, a muster roll of workers is maintained in addition to the employees working in the regular cadre and such workers are known as Muster Roll Workers. Likewise, there is another category of workers, whose tenure of service with pay and allowances are charged to a particular ongoing work and they are commonly known as Work Charged employees. Apart from these two categories, several departments of the State also employ a large number of Casual Workers including Fixed Pay and Daily Rated Workers.

4. On 23.9.1983, a Cabinet decision was taken by the State Government to regularize the services of all Muster Roll Workers, who have completed 15 years of service or more as Class III employees. Thereafter, the Chief Secretary of the State vide communication dated 15.3.1984 also informed the General Secretary of the Public Works Department Employees Union that Muster Roll workers of the Public Works Department and other Engineering Departments, who have completed 15 years of continuous service, will be regularized with effect from 1.8.1984. By the same communication, the Union was further informed that Work Charged workers of the Engineering Departments, who have completed 5 years of continuous service, shall be brought under the regular establishment. However, no Scheme was prepared providing the procedure to implement the Cabinet decision.

5. And after about 9 years, the Chief Secretary, vide communication dated 20.4.1995, apprised all the concerned authorities that despite Cabinet decision, the services of the Muster Roll and Work Charged workers were not being regularized. He also directed all the Departments to take necessary action in consultation with the Finance Department for early regularization of the services of Muster Roll and Work Charged workers, who were engaged prior to 1.4.1993. This communication was followed by an Office Memorandum dated 11.10.1995 issuing strict instructions to all concerned not to engage any further Muster Roll/Work Charged workers after 1.4.1993. On 13.10.1995, another clarification was issued to the effect that Office Memorandum dated 20.4.1995 was to operate provided the Muster Roll/Work Charged workers were not discharged or terminated on or before 20.4.1995.

6. It is relevant to mention here that in various writ petitions filed by Muster Roll/Work Charged workers, this Court has even directed the State Government to regularize such category of workers in terms of above mentioned Office Memorandum dated 20.4.1995.

7. But, later, on the issue regarding regularization of employees working in Grade III posts in the Transport Department, one case of Jitendra Kalita vs. State of Assam was referred to Full Bench of this Court which held that Office Memorandum dated 20.4.1995 did not reflect a valid policy decision of the Sta