ALL MANIPUR PENSIONERS ASSOCIATION Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. A. Nilmani Singh, learned Sr. counsel assisted by Mr. A. Bimal Singh, learned counsel appearing for the writ petitioners as well as Mr. R.S. Reisang, learned G.A. appearing for the respondents 1 and 2 and Mr. C. Kamal Singh, learned CGSC for respondent No. 3.

(2.) The brief facts of the petitioner-association's case are that the Association called "the All Manipur Pensioners' Assn." is a society registered under the Societies Registration Act having the Regd. No. 1315/73. The petitioner association is a non-political, non-profit making and voluntary organization, espousing the cause of old infirm pensioners. The petitioner-association filed the present writ petition for the benefit of those members who retired before 1/1/1996 (for short pre 1996 pensioners). The Central Civil Services (Pension) Rules, 1972 had been adopted and enforced by the State of Manipur w.e.f. 1/1/77 vide notification No. 1/3/71/H-F dtd. 3/3/1977 under the title of "Manipur Civil Services (Pension) Rules 1977. Again, the Governor of Manipur in exercise of his powers conferred by proviso to Article 309 of the Constitution oflndia makes the Rules called "The Manipur Civil Services (Pension) (Amendment) Rules, 1991" vide notification No. 5/8/87/PIC (iii) Imphal the 24/1/1991. Under the said notification dtd. 24/1/1991, wherever the word/words "Union", 'President', "Government", "Ministry", "Head of Department" and "Union Public Service Commission" has/have been referred to in the Central Civil Services (Pension) Rules, 1972, the same shall be construed as referring to the "State of Manipur"," Governor of Manipur", "Department of the Government of Manipur", and "Head of Department declared as such by the Governor of Manipur", and "Manipur Public Service Commission" respectively except the words "Central Government" referred to in Sub-Rule 13 of Rule 54 which shall continue to mean the Central Government.

(3.) It is pertinent to mention that the Governor of Manipur in the exercise of his powers conferred by proviso to Article 309 of the Constitution pf India was pleased to make the Rules called "The Manipur Civil Services (Pension) (Amendment) Rules, 1980" under the notification No. 1/3/71/H-1 Imphal the 15/7/1980. Para-2 of the said notification for the Amendment to Rule 3 reads as follows: