(1.) Heard Mr. Taka Masa, learned senior counsel for the petitioner, assisted by learned counsel, Mr. Sentilong; Mr. Limawapang, learned counsel appears for Respondent Nos. 3 and 4; as well as Mr. Moa Imchen, learned Senior Government Advocate appearing on behalf of the State.
(2.) The instant Writ Petition has been filed challenging the Notification dtd. 24/2/2020 issued by the Principal Secretary to the Government of Nagaland, whereby, Regulation 34(c) 4(1) was amended by the State Government; whereby, the terms and conditions as regards the retirement of employees of the Nagaland Khadi and Village Industries Board (Hereinafter referred to as The Board ) was amended. The brief facts of the instant case that The Board is a statutory body created by the Government of Nagaland under the provisions of the Nagaland Khadi and Village Industries Board Act, 1978 (For short The Act ). In terms with Sec. 3 of the said Act, the Board is established and incorporated. For the purpose of the instant proceedings, it is relevant to take note that Sec. 34 of the said Act provides the power to make Regulations. The said Sec. 34 is quoted herein below:
(3.) On the basis of the said powers conferred under Sec. 34(1) of The Act , the Board had made the Nagaland Khadi and Village Industries Board Regulations, 1988 (For short, The Regulations ). For the purpose of the instant controversy, what is relevant to take note of is Regulation 34(c)4(1) and for the sake of convenience is quoted herein below: