ROTHANGPUII Vs. C LALHMANGAIHI

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr. A.R.Malhotra, learned counsel for the petitioners. Also heard Mr. Lalsawirema, learned Government Advocate appearing for the State of Mizoram.

(2.) Mr. C. Lalramzauva, learned senior counsel appearing for the petitioners submit that the petitioners are non-matriculates and they were initially appointed as Pre-Primary School Teachers and thereafter they were absorbed and appointed as Government Primary School Teacher in the scale of pay of Rs. 225-308/- per month with effect frm 1.2.1984 and were posted at different Primary Schools under the Government of Mizoram by an order dated 6.2.1984. The appointment of the petitioners by the order dated 6.2.1984 were against 533 posts of Primary School Teacher sanctioned by the Government of Mizoram, Education Department by letter dated 13.2.1984. Thereafter, by an office order dated 30.10.1989, 181 non- matriculate Primary School Teachers were selected to undergo one year course of training at DIET, Aizawl/TTI, Lunglei for the academic session of 1990 i.e. 1.2.1990. Some of the petitioners were also included from amongst the 181 non-matriculate Primary School Teachers who were selected to undergo the one year course of training. Similarly, all the other petitioners were also selected subsequently to undergo similar training and all the petitioners had successfully completed such training. The petitioners after completion of such training were treated at par with those matriculate untrained teachers for all purposes including pay. Thereafter, they were promoted/placed to Primary School Teacher (Selection Grade) by order dated 27.6.2005 with effect from different dates as shown against their names in the said order. The petitioners were earning a monthly salary in the scale of Rs. 5500-9000/- per month as per the 5th Pay Revision with effect from 1.1.1996 as indicated in the order dated 27.6.2005 issued by the Director of School Education, Government of Mizoram, Aizawl. While the petitioners were serving as such, the 6th Pay Revision of the Central Government was implemented by the Government of Mizoram and thereafter the petitioners were allowed to draw their pay in the revised scale of Rs. 9300-34800+4400/- per month with effect from August, 2010.

(3.) Learned senior counsel for the petitioners submit that the recruitment to the post of Primary School Teacher is governed by the Recruitment Rules made by the Government from time to time wherein the required educational qualification has been prescribed and has also been amended from time to time. As per the Mizoram Education & Human Resources Department (Group C post) Recruitment Rules, 1996 (in short Recruitment Rules of 1996 ), the minimum educational qualification for the Primary Teacher is HSLC passed. He submits that however at the time of the recruitment of the petitioners to the post of Primary School Teachers, Class VIII passed was the minimum educational qualification required at that relevant point of time. Further, by the Mizoram Education & Human Resources Development Department (School Education) (Group C post) Recruitment Rules, 2003, the minimum educational qualification required for appointment to the post of Primary School Teacher is Higher Secondary School LeavingCertificate(HSSLC)/Pre- University Certificate and above with Diploma/Certificate in Teachers Education of a duration of not less than 2 years. He also submits that in the mean time, the State respondents had framed a notified the Mizoram Special Voluntary Retirement for School Teachers Rules, 2009 (in short Rules of 2009 ) which was notified in the official gazette on 5.6.2009 and on which date the said Rules had come into force. Under the said Rules of 2009, Rule 3(1) provides that all regular teachers must acquire such minimum educational qualification as prescribed by the relevant Recruitment Rules in force relevant to the stage of education in which they are currently employed within three years from the date of coming into force of the Rules of 2009. Further, under Rule 3(2) provides that after the expiry of the prescribed period of three years, any regular serving teacher who fails to comply with Clause 1 of Rule 3 of the Rules of 2009 shall have the option to seek voluntary retirement as provided in Rules 48-A of CCS(Pension) Rules, 1972 which has been adopted for State Government employees of Mizoram. Mr. C. Lalramzauva, learned senior counsel submits that while the petitioners were serving in their capacity as Primary School Teachers, they were informed that they could not be allowed to continue in their services as they did not have the minimum educational qualification required under the Recruitment Rules of 2003. The petitioners were therefore directed to submit an application seeking for voluntary retirement from their service under the threat of compulsory retirement from service. Accordingly, the petitioners were forced to put their signatures in the prescribed form which was prepared by the Government on different dates and in some cases, the signatures of the petitioners were also forged by the official of the department. Thereafter, by orders dated 2.7.2010 and 23.9.2010 issued by the Director of School Education Department, the application of the petitioners were shown accepted with effect from 1.9.2010 and 1.10.2010 respectively on receiving the approval of the Government of Mizoram, Education Department. The manner in which the petitioners were compelled to submit their applications for voluntary retirement being not acceptable to the petitioners, they had therefore submitted a representation for withdrawal of the said application. However, the petitioners were informed that as the Government of Mizoram had constituted the Education Reforms Commission of Mizoram on 8.5.2009 and had recently submitted its report wherein it was recommended under Chapter 8 at paragraph 8.2 that the petitioners on their voluntary retirement would be given the benefit of payment of full salary for the remaining period of service and full pension benefit apart from the other benefit permissible under the law and such report of the Commission was considered by the Council of Ministers in its meeting held on 3.8.2010 and approved as per Additional Agenda Item No. 7. As the petitioners were given such information that the Commission s report and its recommendation was approved by the Government and therefore they would be given the benefit of payment of full salary for the remaining period of service to be sacrificed by them with full pension and other benefits as per the said recommendation, the petitioners had agreed to proceed on voluntary retirement and accordingly, they were treated as having gone on Special Voluntary Retirement from service with effect from 1.9.2010 and 1.10.2010 respectively.