Gauhati High Court
Sh.C. Lalthawmmawia And 19 Ors vs The State Of Mizoram And 5 Ors on 23 January, 2020
Bench: Manash Ranjan Pathak, Ajit Borthakur
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GAHC010015822019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 295/2019
in
Review Petition No.15383/2018
1:SH.C. LALTHAWMMAWIA AND 19 ORS
S/O RALTHANGZUALA, JUNIOR ENGINEER, SERICULTURE DEPTT.,
CHALTLANG, AIZAWL, MIZORAM, R/O MAUBAURK VENG, AIZAWL,
MIZORAM, PIN 796005
2: SH. P.C. LALDANMAWIA
S/O P.C. ROHLIRA
JUNIOR ENGINEER
TLABUNG DIVISION
PWD R/O LUNGSEN
DIST. LUNGLEI
MIZORAM PIN 796730
3: SH. J. LALLIANZUALA
S/O J. KAPTHANGA
JUNIOR ENGINEER
LUNGLEI DIVISION
PWD MIZORAM
R/O HNATHIAL
DIST. LUNGLEI
MIZORAM PIN 796751
4: SH. R. LALDUHSAKA LELHCHHUN
S/O VANLALAUVA
JUNIOR ENGINEER
DIRECTOR OF HIGHER AND EDUCATION
R/O MAUBAWK
DIST. AIZAWL
MIZORAM PIN 796001
5: SH. H. LALREMCHHUNGA
S/O ZAKUNGA
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JUNIOR ENGINEER
TLABLUNG SUB DIVISION
PWD MIZORAM
R/O ZOBAWK VENGLAI
P.O. ZOBAWK
DIST. LUNGLEI
MIZORAM PIN 796701
6: SH. LALTLANMAWIA
S/O ZAITHANGA
JUNIOR ENGINEER
NORTH DIVISION
PWD AIZAWL
R/O SIALHAWK
SERCHHIP
MIZORAM PIN 796370
7: SH. VANLALLAWMA PACHUAU
S/O SAPMUANA
JUNIOR ENGINEER
PROJECT DIVISION-I
SUB DIVISION III
TUIKUAL
AIZAWL R/O TUIKUAL
DIST. AIZAWL
MIZORAM
PIN 796001
8: SH. KHAISIANMUANG
S/O SINGKHANNANG
JUNIOR ENGINEER
SAIHA DIVISION
PWD MIZORAM
R/O CHAMPHAI
DIST. CHAMPHAI
MIZORAM 796321
9: SH. F. LALRAMSANGA
S/O AILIANA
JUNIOR ENGINEER
KOLASIB DIVISION
PWD MIZORAM
R/O KOLASIB
DIST. KOLASIB
MIZORAM
PIN 796081
10: SH. EMMANUEL LALEMTHIAMA
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S/O NEIHKHUPA
JUNIOR ENGINEER
SAITUAL DIVISION
PWD MIZORAM
R/O KEIFANG
MELVENG
DIST. AIZAWL
MIZORAM 796261
11: SH. LALTANPUIA
S/O THANGDAILOVA
JUNIOR ENGINNER
N.H. DIVISION III
PWD AIZAWL
R/O HAULNGOHMUN
DIST. AIZAWL
MIZORAM 796005
12: SH. LALHMINGMAWIA
S/O LALTHANKIMA
JUNIOR ENGINEER
MAMIT DIVISION
PWD AIZAWL
R/O MAMIT
DIST. MAMIT
MIZORAM
PIN 796441
13: SH. TOJIM CHAKMA
S/O PUNNA KUMAR CHAKMA
JUNIOR ENGINEER
TLABUNG
PWD MIZORAM
R/O CHAWNGTE
LAWNGTLAI
MIZORAM
R/O CHAWNGTE
LAWNGTLAI
MIZORAM
PIN 796770
14: SH. C. LALZARLIANA
S/O C. RAMKIMA
JUNIOR ENGINEER
PROJECT DIVISION III
BABUTHAUNG
AIZAWL
R/O SAIKHAMAKAWN
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KULIKAWN
DIST. AIZAWL
MIZORAM
PIN 796005
15: SH. HAUTHANGLURA HAUHNAR
S/O H. VANLALHMUAKA
R/O KULIKAWN WEST
KULIKAWN
AIZAWL MIZORAM 796005
16: SH. K. TLANGHMINGTHANGA
S/O LIANLAWRA
JUNIOR ENGINEER
TLABUNG DIVISION
PWD MIZORAM
R/O ELECTRIC VENG
LUNGLEI
MIZORAM
PIN 796571
17: SH. K. ZIONTHANGA
S/O K. SANDOVA
JUNIOR ENGINEER
MULIMODAL DIVISION PROJECT DIVISION
LAWNGTLAI
PWD MIZORAM
R/O LAWNGTLAI
LAWNGTLAI
MIZORAM
PIN 796891
18: SH. JENEVID ZOMUANSANGA
S/O RUALKHUMA COLNEY
JUNIOR ENGINEER
HMUIFANG DIVISION
THENZAWL SUB DIVISION
PWD MIZORAM
R/O THENZAWL
DIST. SECHHIP
MIZORAM
PIN 796186
19: C. LALCHHANDAMI
D/O LALHLUNA
JUNIOR ENGINEER
CHAMPHAI DIVISION
PWD MIZORAM
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R/O KAHRAWT VENG
BETHEL
DIST. CHAMPHAI
MIZORAM
PIN 796321
20: SH. B. LALHLIMPUIA (L)
R/B HIS SON SH. LALCHHANCHHUAHA (MINOR)
THROUGH HIS GUARDIAN B. VANLALHRUAII
R/O KHATLA
DIST. AIZAWL
MIZORAM
PIN 79600
VERSUS
1:THE STATE OF MIZORAM AND 5 ORS
REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF MIZORAM,
AIZAWL, MIZORAM, PIN 796001
2:THE SECY. TO THE GOVT. OF MIZORAM
PUBLIC WORKS DEPTT.
AIZAWL
MIZORAM
PIN 796001
3:THE SECY. TO THE GOVT. OF MIZORAM
DEPTT. OF PERSONNEL AND ADMINISTRATIVE REFORMS
AIZAWL
MIZORAM
PIN 796001
4:THE SECY. TO THE GOVT. OF MIZORAM
FINANCE DEPTT.
AIZAWL
MIZORAM
PIN 796001
5:THE ENGINEER IN CHIEF
PUBLIC WORKS DEPTT.
GOVT. OF MIZORAM
AIZAWL
MIZORAM
PIN 796001
6:THE CHIEF CONTROLLER OF ACCOUNTS
DIRECTORATE OF ACCOUNTS AND TREASURIES
GOVT. R/O MIZORAM
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AIZAWL
MIZORAM
PIN 79600
Advocate for the Petitioner : MR. P D NAIR
Advocate for the Respondent : GA, MIZORAM
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
HON'BLE MR. JUSTICE AJIT BORTHAKUR
ORDER
23-01-2020 Heard Mr. P. D. Nair, learned counsel appearing for the applicants/review petitioners/appellants in WA No.3/2015/writ petitioners in WP(C) No.68/2015. Also heard Mr. D. Choudhury, learned Government Advocate, Mizoram for all the official respondent Nos. 1 to
6. The State of Mizoram notified the New Defined Contributory Pension Scheme (NDCPS), 2010 that came into force w.e.f., 01.09.2010, which was applicable to all the Government Employees who were appointed on regular basis w.e.f. 01.09.2010 in all the Civil Services and posts in connection with the affairs of the State Government of Mizoram which were borne on pensionable establishments. Said 2010 Pension Scheme of the State of Mizoram was amended by Notification dated 27.02.2015 and the Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015 was promulgated giving its effect to the Government Employees appointed on regular basis w.e.f., 01.09.2010 onwards and regularised on or after 01.09.2010 to all Civil Services and posts in connection with the affairs of the State.
The present review petitioners were appointed as Junior Engineers on contractual basis in the year 2007 in the PWD Department of the State of Mizoram and their services were regularised by an order dated 20.07.2012 in terms of the Government of Mizoram Regularization of Contract Employees Scheme, 2008 that came into force w.e.f. 10.10.2008, wherein it was specifically provided that on regularisation, past services rendered as continuous Contract employee shall be counted as qualifying service for leave and pensionary Page No.# 7/8 benefits only.
As the Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015 was given retrospective effect since 01.09.2010, the present review petitioners preferred WP(C) No.68/2015 before the Aizawl Bench of this Court to count their past continuous contractual services for leave and pensionary benefits on regularisation of their services w.e.f. 20.07.2012 on the basis of said 2008 Scheme, which is a Statutory Scheme under Article 309 of the Constitution of India.
As the review petitioners did not challenge the provisions of the New Defined Contributory Pension Scheme (NDCPS), 2010 as well as Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015, said writ petition of the petitioners i.e., WP(C) No.68/2015 was dismissed by order dated 01.10.2015 passed by the learned Single Judge. Against the same, the petitioners preferred WA No.3/2015 before the Aizawl Bench of this Court which was dismissed on 12.06.2017 with the observation that there shall be no bar for the appellants i.e., the present review petitioners to challenge the vires of the Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015.
The review petitioners challenging the Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015 pertaining to the first amendment to the New Defined Contributory Pension Scheme, 2010 preferred a writ petition before the Division Bench in the Aizawl Bench of this Court being WP(C) No.144/2015 and during the deliberation of the matter, the petitioners on 01.08.2015 sought for 8(eight) weeks time to file a review against the said order dated 12.06.2017, passed in WA No.3/2015. Thereafter, the petitioners on 09.11.2018 filed an application before Hon'ble the Chief Justice in the Principal Seat at Guwahati to allow them to move the said Review Petition before the Principal Seat at Guwahati stating that the relevant Bench consisting of myself and my brother are not available regularly in the Aizawl Bench at Mizoram and it was accordingly allowed on 09.11.2018 itself. Thereafter, the petitioners on 14.11.2018 filed this Review Petition.
As there was a delay of 486 days in preferring the connected review petition, the review petitioners have filed this application to condone the said delay, stating that the relevant Bench was not available regularly at Aizawl Bench wherein the order dated 12.06.2017 was Page No.# 8/8 passed, that as the same had to be filed before the Principal Seat at Guwahati, they had to engage some other counsels in Guwahati and that even if such delay is condoned, no prejudice would be caused to the respondent State.
Mr. D. Choudhury, learned Government Advocate, Mizoram on instruction submits that the State respondents have no objection in condoning the delay of 486 days in preferring the connected review petition against the order dated 12.06.2017, passed in WA No.3/2015 arising out of WP(C) No.68/2015.
It is seen that the petitioners could show sufficient reasons for their delay in preferring the connected review petition to the satisfaction of the Court.
Considering the entire aspect of the matter, we hereby condone the delay of 486 days in preferring the connected review petition by the petitioners.
Accordingly, this Interlocutory Application stands allowed.
Registry is directed to register and number the connected review petition and thereafter to list the same accordingly.
JUDGE JUDGE Comparing Assistant