Decided on July 13,2018

Zonunmawia Appellant
State Of Mizoram Represented By Chief Secretary Respondents


Michael Zothankhuma, J. - (1.) Heard Mr Zoramchhana, learned counsel for the petitioners. Also heard Mr A.K. Rokhum, learned Additional Advocate General appearing for the respondent Nos. 1 to 3. None appears for the respondent No. 4.
(2.) The petitioners are challenging the non-payment of leave encashment for services rendered by them under the respondent No. 4, which is a Company registered under the Companies Act, 1956. The respondent No. 4, a Public Sector Enterprise was proposed to be closed down along with two other Public Sector Enterprises, namely, Zoram Electronics Development Corporation Ltd. (ZENICS) and Zoram Handloom and Handicraft Development Corporation Limited (ZOHANDCO), in pursuance to a Cabinet meeting held on 18.02.2015. Consequent to the decision of the Cabinet meeting to close down the respondent No. 4, the Government of Mizoram in the Finance Department issued an Office Memorandum dated 30.09.2015, whereby the Government of Mizoram decided to accommodate employees of the Public Sector Enterprises namely, respondent No. 4, ZENICS and ZOHANDCO into various vacant posts (under Group B, C and D category) lying vacant in different Government Departments. Thus, employees of the respondent No. 4 were offered two different Schemes for option on closing down of respondent No. 4, i.e., (1) Appointment into Government service and (2) retirement on Early Retirement Rules, (ERR).
(3.) The O.M dated 30.09.2015 stated that options once exercised would be treated as final. It also laid down 9 conditions for appointment into various vacant posts in different Government Departments as follows:- "1) Appointment will be made against direct quota only. 2) There will be no relaxation in educational and other qualifications prescribed by the relevant Recruitment Rules. 3) There will be relaxation of relevant portion of Recruitment Rules regarding upper age limit and exemption of written examination/typing/practical test as the case may be. 4) Only those who are found fit and qualified by the competent MPSC/DPC will be eligible for appointment. 5) The Scheme will be applicable to all existing regular employees in the PSE concerned on the date of issue of this OM. 6) All employees accommodated under this Scheme will be treated as new employee in all aspects. 7) Filling up of any resultant vacancies shall in no case be made without prior approval/permission of Finance Department, Government of Mizoram. 8) Employees who are seeking appointment should submit his application as per the prescribed Format enclosed. 9) Those employees not appointed into Government Service for any reason (excluding those who refuse to accept Offer of Appointment) will be retired under Early Retirement Rules (ERR). The ERR will be notified separately.";

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