LAWS(GAU)-2016-11-76

SH. B. JINCHUNGA Vs. STATE OF MIZORAM

Decided On November 30, 2016
Sh. B. Jinchunga Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioners, Mr. A.R. Malhotra. Also heard Mr. Aldrin Lallawmzuala, learned Addl. Advocate General on behalf of the State respondent Nos. 1 to 5 and Mr. B. Lalramenga, learned counsel on behalf of the respondent Nos. 6 to 8.

(2.) The case of the petitioners as submitted by the learned counsel, Mr. A.R. Malhotra is that they were appointed as Primary Teachers under the Government of Mizoram between the year 1971 to 1973 and continued to served as such, till they were transferred to Lai Autonomous District Council by an Order dated 9.9.1975 issued by the respondent No. 2. And while serving under the Lai Autonomous District Council, the petitioners have retired from service in between 2012 to 2015, but unfortunately their pension matters have not been settled so far by the respondents.

(3.) Mr. A.R. Malhotra further submitted that even though the petitioners were on deputation/transferred to the Lai Autonomous District Council they were not in Foreign Service, therefore, continued to be in the service of the State Government. The learned counsel drew my attention to the Office Memorandum No. A.35011/1/2002-F.Est. dated 23.1.2002 and the Notification issued on 30.11.2004 being No. B.20013/1/2000-EDN/PT dated 30.11.2004 in support of his submission. The contents of the two documents are reproduced below: