STATE OF MIZORAM Vs. MIZORAM PENSIONER'S ASSOCIATION

JUDGEMENT

(1.) THE subject matter of controversy as well as the point of determination being common in both these two appeals, both these appeals are heard analogously.

(2.) IN Writ Appeal No. 8/06 the judgment and order dated 18.5.2004 passed in WP(C) No. 36/02(AB) is the subject matter of challenge and on the other hand in Writ Appeal No. 9/06 the judgment and order dated 9.4.2003 passed in WP (C) No. 3237/2000 is challenged. In fact, WP(C) No. 36/02 was decided following the ratio laid down in the decision rendered in WPC (No.) 3237/2000 holding that the direction issued in the said writ petition would be applicable to the petitioner in WP(C) No. 36/02.

(3.) THE members of the petitioner's association in WP(C) No. 3237/2000 as well as the petitioner in the other WP(C) No. 36/02 were the employees under the Government of Mizoram in different capacities and all of them have superannuated from their respective services in the year 1996. The Govt. of India constituted the 5th Pay Commission for consideration of revision of pay scales as well as other ancillary service benefits to the employees and pensioners of the Central Govt. and the report of 5th Pay Commission so submitted by the commission was decided to be accepted by the State of Mizoram by issuing a notification dated 26.8.1998. The said notification was issued in exercise of the power conferred under Article 309 of the Constitution of India declaring that the central pay scales should be made applicable for all posts under the Govt. of Mizoram other than the posts mentioned therein at the same level of corresponding posts under the Govt. of India. However, in Clause -5 of the said notification there was a reservation that the new central pay scales would be adopted w.e.f. 1.1.1996 and the modalities and issues related to payment of arrears would, however, be considered separately. It was further stated in the said notification that the condition of service of Govt. employees including facilities and amenities to be provided, would be incorporated in the Pay Rules to be adopted by the Govt. in due course and the existing facilities and conditions would continue to apply till such rules are adopted.