SH. P.C. LALTHLAMUANA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This is a Writ petition filed by 45 primary teachers working in the department of Education, Govt. of Mizoram praying for issuance of Writ of Mandamus or any appropriate Writ or direction or order to the respondents to issue appropriate or necessary order so that they can enjoy the pension scheme as per the CCS (Pension) Rules, 1972.

(2.) Heard Mrs. Dinari T. Azyu, learned counsel appearing for the petitioners as well as Mrs. Linda L. Fambawl, learned Govt. Advocate appearing for the State respondents.

(3.) It is submitted by the learned counsel for the petitioners that the petitioners were initially appointed between the year 1980 to 2002 as casual primary teachers and their services were utilized by the department at various schools in the State. After they have rendered valuable service to the department, the Council of Ministers in its meeting held on 25.09.2008 decided to engage the petitioners as contract employees. In pursuance of the decision of the Council of Ministers, the Notification dated 05.09.2008 being No. G.12017/3/2007-FIN(PRU) was issued by the Addl. Secretary to the Government of Mizoram, Finance Department appointing the petitioners to the post of Aided teachers and Non-formal teacher on contract basis on fixed honorarium as enhanced therein. Thereafter, the scheme namely, "Government of Mizoram Regularization of Contract Employees Scheme, 2008" was framed and notified by the Govt. of Mizoram under which services of those contract employees who have worked for 5 (five) years continuously can be regularized. Following the notification of the scheme, a DPC was duly constituted for considering suitability of the petitioners for regularization to their service. The DPC in their sitting held on 25.11.2011 examined the eligibility and suitability of the petitioners for regularization to their respective post and found the petitioners eligible and suitable for regularization and were accordingly, recommended for their regularization.