LAWS(GAU)-2017-6-49

SH. C. ROPIANGA Vs. STATE OF MIZORAM

Decided On June 23, 2017
Sh. C. Ropianga Appellant
V/S
STATE OF MIZORAM Respondents

JUDGEMENT

(1.) Heard Mrs. Dinari T.Azyu, counsel for the petitioner. Also heard Mr. A.K. Rokhum, Addl. Advocate General.

(2.) The petitioner, who was the Chief Election Commissioner of the Mizoram State Election Commission has filed this present case challenging the vires of Rule 10(1) of the Mizoram State Election Commission (Conditions of Service) Rules, 2011 (herein after referred to as the 2011 Rules) on the ground that the service rendered by him as State Election Commissioner has not been counted as qualifying service for the purpose of calculating his pension after he left the office of the State Election Commissioner.

(3.) The petitioner had filed WP(C) No. 38/2014 earlier, which was disposed of vide Order dated 20.11.2015 by this Court with a direction to the State respondents to examine the representation submitted by the petitioner on 19.09.2013. Thereafter, in compliance with the Order dated 20.11.2015 passed in WP(C) No. 38/2014, the letter dated 24.02.2016 was issued by the Under Secretary to the Government of Mizoram, Finance Department (APF) which states as follows:-