VAN KHUMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This writ petition has been filed by the Mizoram Chainmen Association of Land Revenue & Settlement Department. Aizawl representing the interest of the 55 of its members who have been working as Chainmen under the said department. They are aggrieved by down gradation of their pay scale which was effected in the year 1978.

(2.) Prior to implementation of the Central Civil Services (Revised Pay) Rules, 1973 the prescribed pay scaie of Chainmen was Rs. 85-135/- p.m. which was identical with that of the pay scale given to Duftry under the Government of Mizoram. The post of Chainmen is a Grade-IV post and the pay scale prescribed for the same i.e. Rs. 85-135/ - P.M. was higher than that of other Grade- IV posts like Peon, Chowkidar, Sweeper etc. Pursuant to the revision of pay in the year 1973, the pay scale of Rs. 85-135/- was revised to Rs. 200-250/-. Such revision was effective from 1.1.1973 and the members of the petitioner's Association enjoyed the benefit of revised pay scale till 1978.

(3.) In the year 1978 such revised pay scale of Rs.200-250/- being enjoyed by the Chainmen was reduced and re-fixed at a lower pay scale of Rs.196-232/-. Admittedly, this was done without any notice to the incumbents who were adversely effected. According to the statements made in the writ petition, such a course of action was adopted on the plea that the Government of India, in their CCS (RP) Rules 1973 had notified the pay scale of Chainmen as Rs.196-232/-. It is the case of the petitioners that their pay scale could not have been reduced to Rs.196-232/- from the earlier revised scale of pay Rs. 200-250/ - inasmuch as they were initially appointed in the pay scale of Rs. 85-135/- which correspondingly got revised to Rs. 200-250/ - According to the petitioners the Chainmen under the Central Government Department were initially appointed in a lower pay scale of Rs.70-85/- which was revised to Rs. 196- 232/-. Further stand in the writ petition is that as against lower pay scale prescribed for other Grade-IV posts, the petitioners in the cadre of Chainmen were enjoying the higher pay scale of Rs. 85-135/-.