WORK CHARGED EMPLOYEES ASSON Vs. STATE OF MIZORAM

JUDGEMENT

(1.) This writ petition has been filed by the President of Work Charged Employees Association, Head Quarter, Lunglei on behalf of a large number of Workcharged employees. The petitioner has prayed for reinstatement of the employees who have been thrown out of service before completion of 60 years of age and also for payment of arrears of pay and allowances for the period they were kept out of service.

(2.) The learned counsel for the petitioner at the very outset referred to the provisions in Clause 23.01 of the Central Public Works Department Manual Vol.III in order to show that the age of superannuation of the Workcharged employees is 60. Relying on this, the learned counsel further submitted that the State Government having adopted this Manual for the purpose of regulating the service conditions of the Workcharged employees cannot act in contravention of the provisions thereof. It is clarified by the learned counsel that the age of retirement being 60 years it was unjust and unfair on the part of the Government authorities to retire some of the employees before they attained 60 years of age without any reason.

(3.) Learned Government Advocate fairly submitted that the provisions incorporated in Clause 23.01 relating to age of retirement is applicable in respect of Wockcharged employees working in the Public Works Department, Government of Mizoram. From the affidavit-in-opposition, we also find that vide the Notification dated 1.5.1976 the Government of Mizoram adopted the Central Public Works Department Code as amended from time to time with marginal and incidental changes as appended to the Notification in Schedule I for regulating service conditions and other affairs of the Public Works Department. For better appreciation, the Notification is quoted below: