JUDGMENT J.N.Sarma, J. 1. This matter is covered by judgment dated 26.8.93 passed by this Court in Civil Rule No. 694/90 (Mahimuddin Ahmed v. The State of Assam and ors) wherein this Court directed that the earlier period as Muster roll labourer shall be counted as qualifying service period for the purpose of pension only in order to give benefit to such an employee. In the instant case also the petitioner joined as Muster roll worker on 1.1.58 and he continued in that capacity till 1.3.84, but on 1.3.84 the petitioner was regularised as Gr. IV employee vide order dated 30.6.83. He retired from service on 31.12.90 and the total period of service is more than 32 years. Total regularised period of service is only 6 years 9 months. On 20.12.92 an order was passed by the Government providing all benefits of Grade-IV employees to regularise Muster Roll workers vide Annexure-E to the writ application. Annexures-D and E are quoted below : “No.PPG (P) /83/89/1. Dated Dispur, the 14th Dec' 89. OFFICE MEMORANDUM Sub: Counting of Work-charged period of services towards pension/DCRG. Consequent upon the Govt. decision to regularise the services of the Work-charged employees of different works Deptt. viz; P.W.D., Irrigation, Flood Control, Public Health Engineering on completion of 5 years of service, Government have been considering for some time past the question of counting a portion of the work-charged period of services towards pension/Gratuity etc. After careful consideration of all aspects, the Governor of Assam is pleased to order that after regularisation of the service of Work-charged services beyond the initial period of 3 years of work- charged service shall qualify for the purpose of Pension/D.C.R.G. subject to fulfilment of the following conditions:- (a) Such work-charged period of services must be whole time services like other regular Govt. Servants: (b) Such work-charged period of Services must be continuous and the incumbent was not employed for a specific broken period. The Assam Services (Pension) Rules, 1969, Assam Financial Rules and Assam P.W.D. code stand amended to the extent of the orders contained herein. Formal amendments will be issued in due course. This will come into force with effect from 1.6.89.” The only question in this case is that whether the petitioner shall be entitled the benefit which was granted subsequently to the retirement of the petitioner. Formal amendments will be issued in due course. This will come into force with effect from 1.6.89.” The only question in this case is that whether the petitioner shall be entitled the benefit which was granted subsequently to the retirement of the petitioner. Considering the hard facts and considering the fact that the petitioner had rendered service for more than 32 years continuously, I deem it proper that the benefit of 1989 scheme i.e. Annexure-D and E should be given to the petitioner. No doubt, Annexure-D is with regard to the Work-charged labourers and Annexure-E only with regard to the Muster Roll labourers. But it is not understood why there should be discrimination between the Muster roll labourers and the work-charged employees. They almost stand on the same footing. THIS is disputed by Sri K.H. Choudhury, learned counsel appearing for the Respondents on the ground that the work-charged employee gets regular scale of pay, but the Muster roll workers only get a fixed salary of Rs. 900/- p.m. and so this benefit should not be made available to such an employees. 2. Pension for the Assam Government employees are governed by Assam Services (Pensions) Rules, 1969, Rule 31 provides for conditions of qualifying service. It is quoted below: “31. Conditions of qualifying service - The service of an officer does not qualify for pension unless it conforms to the following conditions: Firstly, the service must be under Government; Secondly, the employment must be substantive and permanent; Thirdly, the servant must be paid by government; Provided that the Governor may, even though either or both of conditions (1) and (2) above are not fulfilled- (i) declare that any specified kind of service, rendered in a non-gazetted capacity shall qualify for pension, and (ii) in individual cases and subject to such conditions as he may think fit to impose in each case allow service rendered by an officer to count far pension.” Rule 36 provides as follows: “36. Service does not qualify unless the officer holds a substantive office on a permanent establishment: Provided that continuous temporary or officiating service under the Government of Assam, followed without interruption by confirmation in the same or any other post, shall count in full as qualifying service except in respect of – (a) Periods of temporary or officiating service in non-pensionable establishment, and (b) Periods of service paid from contingencies.” Rules % and 97 provide as follows: “96. A retiring pension is granted to an Officer who is permitted to retire after completing qualifying superior service for thirty years or such less time as may for any special class of officers be prescribed.” “Rule 97. The Governor of Assam may, at his discretion, allow a Government servant to retire on proportionate pension after 2:5 years of qualifying service, the amount of pension or/and gratuity being calculated according to the table applicable to him had he retired on invalid pension.” Rule 153 provides as follows: “153. Contingency and other non-pensionable staff- (1) The Governor of Assam may, at his discretion and subject to such condition as he may think fit to impose, grant gratuity not exceeding six month's pay to a person who retires after rendering many years of satisfactory service as a contingency employees, or in Government Porter Corps, or in any other non-pensionable service (other than members of the work charged establishment); provided that no retirement benefit is otherwise admissible to such person under any other specific rule or order applicable to him. (2) Pension and Gratuity - Members of the work-charged establishment are not ordinarily entitled to any pension or gratuities. Wound or Extraordinary Pensions and Gratuities are, however, in certain cases admissible in accordance with the pension rules.” It is argued on behalf of the Government Advocate that the employment of the petitioner is not substantive and permanent before 1984 and as such he is not entitled to pension. The only bar for not granting pension as will be evident is Rule 153, But that bar also does not apply in the case of the petitioner inasmuch as at the time of retirement, the service of the petitioner was duly regularised. But only condition is that he does not complete the qualifying period as required by Rules 96 and 97. But only condition is that he does not complete the qualifying period as required by Rules 96 and 97. But even for such a contingency proviso to Rule 31 provides as quoted above that the Government may make declaration of any kind of service to be counted towards pension. In the facts and circumstances of this case, the petitioner deserves such a treatment, otherwise it will be sheer injustice done to the petitioner as pointed out by the Supreme Court in AIR 1983 SC 130 (D.S. Nakara and Ore. v. Union of India) where in the Supreme Court pointed out that the payment of pension in a welfare state is a socio-economic justice. Justice measures providing relief when advancing the age gradually, irrevocably impires the capacity to stand upon own feet. In paragraphs 20 and 22 the Supreme Court has pointed out as follows: “The antiquated notion of pension being a bounty, a gratuitous payment depending upon the sweet will or grace of the employer not claimable as a right and, therefore, no right to pension can be enforced through Court has been swept under the carpet by the decision of line Constitution Bench in Deoki Nandan Prasad v. State of Bihar, 1971 (Supp) SCR 634 : AIR 1971 SC 1409 wherein this Court authoritatively ruled that pension is a right and the payment of it does not depend upon the discretion of the Government but is governed by the rules and a Government servant coming within those rules is entitled to claim pension. It was further held that the grant of pension does not depend upon anyone's discretion. It is only for the purpose of quantifying the amount having regard to service and other allied matters that it may be necessary for the authority to pass an order to that effect but the right to receive pension flows to the offer not because of any such order but by virtue of the rules. This view was reaffirmed in State of Punjab v. Iqbal Singh. (1976) 3 SCR 360 : AIR 1976 SC 667 . This view was reaffirmed in State of Punjab v. Iqbal Singh. (1976) 3 SCR 360 : AIR 1976 SC 667 . In the course of transformation of Society from deudal to welfare and as socialistic thinking acquired respectability, State obligation to provide security in old age, an escape from undeserved want was recognised and as a first step pension was treated not only as a reward for past service but with a view to helping the employee to avoid destitution in old age. The quid pro quo was that when the employee was physically and mentally alert, he rendered unto the master the best, expecting him to look after him in the fall of life. A retirement system therefore exists solely for the purpose of providing benefits. In most of the plans of retirement benefits, everyone who qualifies for normal retirement receives the same amount (see Retirement Systems for Public Employees by Bleekney, page 33) “Keeping this background of law in mind, I allow this writ application and direct that the petitioner shall be entitled to pension and for that purpose, the authority is directed to make necessary declaration as provided under proviso to Rule 31 as quoted above. This declaration shall be made within a period of one month from the date of receipt of this and the pension of the petitioner shall be computed according to his entitlement. 3. This writ application is accordingly allowed. I have heard Sri A. Dasgupta, learned counsel for the petitioner and Sri K.H. Choudhury, learned Govt. Advocate for the State of Assam/Respondents. I make no order as to costs.