JUDGMENT :

1. Heard Mr. S. Choudhury, the learned counsel appearing on behalf of the petitioner and Mr. R. K. Talukdar, the learned counsel appearing on behalf of the respondent No.4. I have also heard Mr. P. Nayak, the learned Standing counsel appearing on behalf of the Public Works Department.

2. The instant writ petition has been filed by the petitioner with a prayer seeking a Mandamus thereby directing the respondents to consider the period of service rendered by the deceased Government employee Late Mahadev Singh as Muster Roll worker for the purpose of pensionable service from the date of his joining as Muster Roll worker as being done to the similarly situated other Government servants who have served for the State as work charge employee/Muster Roll worker in accordance with Office Memorandum dated 14.12.1989 and further directions being issued to release the pension and the retirement dues of the late husband of the petitioner w.e.f. 01.09.2004 to 28.05.2005 and thereafter to release the family pension to the petitioner since 29.05.2005 onwards till date with immediate effect along with 18% from the date of actual entitlement.

3. The case of the petitioner herein is that her husband one Mahadev Singh (since deceased) was appointed as the Muster Roll labour on 01.10.1984 in the Office of the P.W.D. (R), Lanka Section under P.W.D. (R) Dabaka Sub-Division. A Service Book was prepared on 25.08.1994 and after rendering almost 20 years of service, her husband retired from service on 31.08.2004 after attaining the age of 58 vide Office Order No.36 dated 31.08.2004. It was further mentioned that the husband of the petitioner expired on 28.05.2005 but during his lifetime, the husband of the petitioner did not receive any pension or retirement benefits as due and admissible. Further to that, it was mentioned that after the death of her husband, the petitioner has not received the family pension though on several occasions the petitioner had made communications with the appropriate authority for release of the same. It is also relevant to take note of that the Office of the Executive Engineer, P.W.D. Nagaon Rural Road Division issued an Order No.515 dated 06.10.2005 whereby in pursuance to the letter of the Under Secretary to the Government of Assam, Public Works Department (Audit Branch) bearing No.ADT.71/2005/133 dated 30.09.2005, a list was prepared whereby some work charge staff/M.R. labourers were brought to the regular establishment w.e.f. 22.07.2005 without any interruption or break in service. In the said list, the name of the husband of the petitioner appeared at Serial No.133. Taking into account that the respondents have not paid the pension as well as the pensionary benefits to the husband of the petitioner and after the death of the husband of the petitioner, the family pension have not been made, the petitioner submitted representations from time to time and as the respondents have failed to release the dues to the petitioner, the petitioner has approached this Court by filing the instant writ petition.

4. It appears from the records that this Court vide an order dated 02.04.2018 had issued notice.

5. Pursuant to the said notice, the respondent No. 2 had filed an affidavit-in-opposition on 03.03.2022. In the said affidavit-in-opposition, it has been mentioned that the husband of the petitioner was appointed as M.R. labour on 01.10.1984 and retired from service on 31.08.2004 as M.R. labour and not as a work charged employee. It was mentioned that no service book was prepared against the M.R. labour as per the Government Rules and only a Muster Roll was maintained. In that regard, an Identity Card was issued by the Division on 25.08.1994 to the husband of the petitioner and the same cannot be said to be a Service Book of the husband of the petitioner. It was further mentioned that the husband of the petitioner joined the Division as M.R. labour on 01.10.1984 and retired from service on 31.08.2004. As his total length