ORDER

Date : 08-11-2021 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

2. The grievance of the writ petitioner in the instant writ petition is that though he has having more than 20 years of continuous service since his date of initial appointment on 01.09.1989 as M.R. 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 01.09.1989 after deducting initial six 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:-

“29. Rival submissions of the parties have been duly considered. The decision to grant pension to casual /Muster Roll Workers whose services were regulariz