SH. CHAHLU AND ORS. Vs. THE CHIEF EXECUTIVE MEMBER, MARA AUTONOMOUS DISTRICT COUNCIL, SIAHA, MIZORAM AND ORS.

JUDGEMENT

(1.) AND ORDER (Oral) - The petitioners Nos. 1, 2 & 3 are serving as Assistant Account Officer (AAO) and the petitioners Nos. 4, 5, 6, & 7 are serving as Accountant under Mara Autonomous District Council (MADC for short). The Government of Mizoram notified the Mizoram (Revision of Pay) Rules, 2010 (Rules of 2010 in short) in exercise of the powers conferred by the Proviso to Article 309, read with Article 162 of the Constitution of India by notification dated 06.08.2016

(2.) In terms of the 6th Pay Commission, the Government of Mizoram upgraded the Pay Band and Grade Pay of Assistant Account Officer (AAO) to Rs 4800 and PB-2 and that of the Accountant was made into Rs. 4600 and PB-2 respectively. The MADC proposed for adoption of the Rules of 2010 and the same was approved by the Government of Mizoram by Communication dated 13.12.2010 subject to the condition with the additional expenditure due to Revised pay should be made from their existing budget allocation and the Council may manage from their budget.

(3.) In terms of the approval given, the respondents issued Office Order dated 27.05.2013 upgrading the Grade Pay of Accountant to 9300 - 34800 + 4600 and that of Assistant Accountant Officer to Grade Pay of Rs 9300 - 34800 + 4800 w.e.f., 01.05.2015. In terms of the Office Order dated 27.05.2013, the petitioners were granted their up-gradation in their Grade Pay and they enjoyed the same. However, the respondent again issued a notification dated 25.05.2015, de-gradating Pay Band and Grade Pay of Group 'A' and 'B' Officers under Finance and Account Department. Being aggrieved, the petitioners submitted two representations one dated NIL and the other on 17.08.2016. As there was no response to the said representations, the present writ petition has been filed.