STATE OF MIZORAM & ANR Vs. ZALIANA & 616 ORS
LAWS(GAU)-2018-8-6
HIGH COURT OF GAUHATI (AT: AIZAWL)
Decided on August 02,2018

State Of Mizoram And Anr Appellant
VERSUS
Zaliana And 616 Ors Respondents

JUDGEMENT

Suman Shyam, J. - (1.) In tune with the recommendation of the pay commission, the Govt. of Mizoram had framed the Mizoram (Revision of Pay) Rules, 2010 (hereinafter referred to as ROP Rules, 2010) under proviso to Article 309 of the Constitution which was notified in the official Gazette on 06-08-2010, so as to give effect to the revision of pay of the employees of the Government of Mizoram. The ROP Rules, 2010 had provided that the pay of all the Govt. employees covered therein shall be notionally fixed w.e.f. 01-01-2006 but actual monitory benefit shall be paid w.e.f. 01-01-2009 only. On 23-09-2010 the Secretary to the Govt. of Mizoram, Finance Department, had issued a notification appointing a Pay Anomaly Committee consisting 04 members by invoking the powers under Rule 18 of the ROP Rules, 2010 so as to look into certain anomalies in the pay structure. The Committee was required to submit its report of recommendation within 02 months from the date of issuance of the notification. However, on 01- 06-2011, a new Anomaly Committee was appointed by including an additional member and also expanding the terms of reference. The terms of reference of the Committee constituted on 01-06-2011 is reproduced herein below: "The terms of reference of the Committee shall be as stipulated below: (a)to identify the errors, omissions, commissions and inconsistencies that have emerged out of the implementation of the Mizoram (Revision of Pay) Rules, 2010, (b)to examine the emerging problems that have been arisen on account of Revision of Pay structure and allowances for employees of the Government of Mizoram. (c) to explore suitable solutions to the problems that have arisen out of the revision of pay structure and allowances under the above stated Rules, (d)to design suitable system for step-up of Grade pay in respect of employees whose pre-revised pay scales were critically stagnant and anomalously lopsided from the pay of their counterparts in other Departments/ Cadres/ Organizations."
(2.) On examining the issues, the Anomaly Committee had submitted its report which was considered by the Council of Ministers in its meeting held on 13-06-2012 where-after, the recommendations of the Committee was accepted without any modification. However, the Council of Ministers took a decision to give effect to the revised pay scale w.e.f. 01-06-2012 and accordingly, a notification dated 04-07-2012 was issued in exercise of powers conferred under Article 162 of the Constitution of India, notifying that the up-gradation of pay should not be construed as revision of pay and the same shall take effect from 01-06-2012. Aggrieved by the notification dated 04-07-2012, the respondents in the writ appeal, numbering 617, who are all employees of the Govt. of Mizoram and effected by the cut-off date fixed by the notification dated 04-07-2012 for giving effect to the revised pay scale, had approached this Court by filing W.P.(C) No. 138/2013 which was allowed by the learned Single Judge by the judgment and order dated 19-09-2014 with a direction upon the appellants to take steps to implement the report of the pay committee in accordance with the provision of the ROP Rules, 2010. The State of Mizoram has preferred this appeal assailing the judgment and order dated 19-09-2014. In the meantime another 55 similarly situated petitioners had filed a separate writ petition number and registered as W.P.(C) No. 158/2016 assailing the notification dated 04-07-2012, which petition has also been tagged with this writ appeal. By this common order, we propose to dispose of the writ appeal and the writ petition.
(3.) Heard Mr. A.K. Sarma, learned Addl. Advocate General, Govt. of Mizoram appearing for the State. We have also heard Mr. K.N. Choudhury, learned Sr. counsel and Mr. A.R. Malhotra, learned counsel appearing for the private respondents/ writ petitioners.;


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