Order

24.01.2022 Heard Mr. KR Patgiri, learned counsel for the petitioner. Also heard Mr. A Chaliha, learned counsel for the respondent No. 6, Mr. A Hasan, learned counsel for the respondent No. 4 and Mr. Parajuli, learned counsel for the respondent No. 2.

2. The grievance of the writ petitioner is that though he was having more than 20 years continuous service since his date of initial appointment on 21.12.1992 as MR Worker, he has been deprived of his pensionary benefits on the ground that he has less than 20 years of service counting initial appointment as on 21.12.1992 after deducting initial 6 years of muster roll service.

3. Such decision has been taken in view of Office Memorandum dated 20.05.2009, issued by the Finance Department, Assam whereby and whereunder it was provided that initial 6 years of service of Muster Roll Worker should be deducted for counting of pensionable service. 4. The said Office Memorendum was put to challenge in a batch of writ petition and vide a common judgment and order dated 04.12.2018, passed in WP (C) No. 1089 of 2015 (Sanjita Roy and others Vs. State of Assam and others), this court held as follows:-

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29. Rival submissions of the parties have bee