DILIP KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L.R. Mazumdar, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned counsel for the Accountant General, (A &E), Assam and Mr. D. Gogoi, learned counsel for the PHE Department and Mr. D. Nath, learned Additional Senior Government Advocatel for the Director of Pension.

(2.) The petitioner was engaged as a muster roll worker in the office of the Executive Engineer (PHE) Silchar, Division-II at Ghungoor, Silchar on 01.03.1993. The services of the petitioner was regularized as muster roll workers in the year2005 and the petitioner retired from service on 30.04.2016.

(3.) Admittedly, from the date of the initial engagement as muster roll worker, both the petitioner has completed more than 20 years of continuous service. Under the office memorandum dated 06.09.2003, the qualifying period for being entitled for pensionary benefits is 20 years and therefore, apparently, the petitioner is entitled to pensionary benefits. By another office memorandum dated 20.05.2009, a provision was incorporated that out of the total service period rendered by the muster roll workers both prior and after regularization, 6 (six) years would be deducted. This Court by the judgment and order dated 04.12.2018 in WP(C) No. 1089/2015 and other writ petitions had struck down the provision of the office memorandum dated 20.05.2009 providing for a deduction of 6 (six) years of service. However, it had also been provided in a subsequent judgment that the requirement of not deducting the 6(six) years of service would be effective from 04.12.2018 when the earlier judgment was passed.