ORDER

06.05.2022 Heard Mr. K.R. Patgiri, learned counsel for the petitioner. Also heard Ms. S.

Baruah, the learned State Counsel representing the respondent No. 2 and Mr. K.

Gogoi, the learned Standing Counsel for the PHE.

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 01.04.1987 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 01.04.1987 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 pensionable service.

4. The said Office Memorendum was put to challenge in a batch of writ petitions 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:-

“29. Rival submissions of the parties have been duly considered. The decision to grant p