Michael Zothankhuma, J.

Heard Mr. Y.S. Mannan, learned counsel for the petitioner. Also heard Mr. B.K. Sharma, learned Standing Counsel, Social Welfare Department as well as Mr. C Baruah, learned Standing Counsel, Accountant General's Office.

2. Learned counsel for the petitioner submits that the petitioner was appointed on 28.12.1974 as Mukhiya Sevika in a Project under the Assam State Social Welfare Advisory Board and she joined he said post on 20.01.1975.

3. Thereafter, the Chairman of the Assam State Social Welfare Advisory Board wrote a letter dated 23.07.1974 stating that the State Government in their letter No. DSW(G)-2/74/107 dated 19.03.1974 has ordered the State Board to take over the administration of all the Family & Child Welfare Projects in the State w.e.f. 01.04.1974 on behalf of the Govt. of Assam with its assets, properties and all existing workers on the same terms and conditions and protection of last pay as on 31.03.1974.

4. The under Secretary to the Government of Assam, T.A. & W.B.C. Department wrote a letter dated 03.01.1976 stating that the State Government had approved the scale of pay to the employees of the Family & Child Welfare project taken over by the State Board on behalf of the State Government w.e.f. 01.04.1974. The said letter also states that the pay scale of the Mukhiya Sevika would be Rs. 200-500 per month. Subsequently, letter dated 29.05.1986 was issued by the Deputy Secretary to the Govt. of Assam, Department for Welfare of PT & BC etc, which states that the revised pay scale payable to a Mukhiya Sevika was Rs. 580-1165 per month. Subsequent letter was issued receiving the petitioner's pay scale.

5. The Directorate, Social Welfare & Probation, Assam thereafter issued an Office Order dated 26.07.1988 wherein the petitioner was temporarily appointed in the Borkhetri Family and Child Welfare Project, Nalbari w.e..f 01.10.1987 against the post of Mukhiya Sevika in the pay scale of Rs. 580-1165 per month.

6. The petitioner thereafter retired as Mukhiya Sevika on 30.06.2007.

7. Learned counsel for the petitioner submits that the petitioner having been in service w.e..f 20.01.1975 and as the services of the petitioner had been taken over by the State Government w.e.f. 01.04.1974, as reflected in the letter dated 23.07.1974 issued by the Chairman of the Assam State Social Welfare Advisory Board, the State respondents were to give the petitioner pension by counting her service w.e.f. 20.01.1975. In this respect, learned counsel for the petitioner submits that the petitioner had written a letter dated 06.01.2009 reminding the Director, Social Welfare Department, Assam that she had retired on 30.06.2007 and that even after 1 years, her pension case had not been processed. She had accordingly prayed that necessary action should be taken for sanction of her pension.

8. Learned counsel for the petitioner submits that similarly situated persons have approached this Court and this Court had vide order dated 22.05.2003 passed in WP(C) No. 5227/2011 and order dated 22.08.2007 passed in WP(C) No. 618/2006, directed the respondents to release pension by reckoning the period of service of those persons from the date of their joining of the Assam State Social Welfare Advisory Board.

9. Learned counsel for the petitioner submits that the petitioner had also approached this Court vide WP(C) No. 4976/2011 praying for release of pension and the same was disposed off vide order dated 22.05.2012, wherein a direction was issued to the respondents to finalise the petitioner's pension.

10. Learned counsel for the petitioner submits that subsequently, the respondents had approached the petitioner and asked her to draw pension only w.e.f. 01.10.1987. The petitioner being in dire need of money, the petitioner agreed to the proposal of the respondents for drawing the pension w.e.f. 01.10.1987 vide letter dated 03.07.2013. Thereafter, the petitioner was given pension in the year 2014 by reckoning her service period from 01.1