(1.) Heard Mr. Y.S. Mannan, learned counsel appearing for the petitioner. Also heard Ms. M.D. Borah along with Mr. I.K. Buragohain, learned counsel appearing for the respondent Nos.1 3 and Mr. G. Baishya, learned counsel appearing for the respondent No.4, the Accountant General (A & E). Also perused the record and the documents annexed.
(2.) The petitioner joined as a Muster Roll worker in the Inland Water Transport (IWT) Department w.e.f. 01.04.1991 and his service was regularized w.e.f. 22.07.2005. The petitioner superannuated from the service on 30.06.2015 and his pension papers were submitted to the Accountant General (A and E). However vide letter dated 28.09.2016, the office of the Accountant General (A and E) informed that the pension and gratuity is not payable to the petitioner as the eligibility for the pension is 20 years' confirmed service. It was also informed that the petitioner has 18 years 3 months net service, after deduction of 6 years of Muster Roll service, as per the office memorandum dated 20.05.2009.
(3.) The respondent No.3 i.e. the Executive Engineer, IWT Division, Ulubari, vide letter dated 22.02.2017, had requested for confirmation of the service of the petitioner for getting the pensionary benefits and accordingly the respondent No.2, the Director of the ITW Department vide letter dated 06.03.2017, had requested the Government for doing the needful but nothing had been done.