LAWS(GAU)-1995-8-31

CHHAKCHHUAK LALTHLAMUANA Vs. STATE OF MIZORAM AND ORS.

Decided On August 23, 1995
Chhakchhuak Lalthlamuana Appellant
V/S
STATE OF MIZORAM And ORS. Respondents

JUDGEMENT

(1.) The petitioner was teaching at Linglei Private/Aided College since 1965. The said college was provincialised/taken over by the Government of Mizoram with effect from 1.12.1976. Thereafter three other private colleges were provincialised by the Government of Mizoram vide notification dated 16th Jan., 1989. At the time of taking over of Linglei College, certain terms and conditions were laid down in regard to the service conditions of the teaching staff. Condition 1 (b) was as follows :

(2.) The petitioner filed Civil Original Contempt (Petition) No. 22 of 1990 on 16.3.90 for initiating contempt proceedings against the Chief Secretary of Mizoram for alleged non-compliance of this Court's direction issued on 5.9.89. It may be appropriate for me to state at this stage that on careful perusal of this Court's direction dated 5th Sept., 1989 by which the respondent State was directed to consider the past services of the Lecturers of Lunglei College for inter se seniority, promotion, pension and other retirement benefits, this Court had not given time limit during which the Court's direction should be carried out.

(3.) In the meantime the State of Mizoram had filed Special Leave Petition No. 10398-405/90A/N before the Honourable Supreme Court against the judgment dated 5.9.89 passed by this Court. The said petition was disposed of by the Supreme Court after hearing learned counsel of both sides on 15.4.91. The said order reads as under: