H BIAKNGHETA Vs. GOVT OF MIZORAM REPRESENTED BY ITS CHIEF SECRETARY
LAWS(GAU)-2018-6-113
HIGH COURT OF GAUHATI
Decided on June 28,2018

H Biakngheta Appellant
VERSUS
Govt Of Mizoram Represented By Its Chief Secretary Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. Rualkhuma Hmar, learned counsel for the petitioner as well as Mr. A.K Rokhum, learned Addl. Advocate General, learned counsel for all the respondents.
(2.) The petitioners case is that after having retired from Government service on 31.01.2018, the petitioners should have been paid pensionary benefits as per the Revision of Pay Rules, 2010, issued by the State Government on 06.08.2010. The petitioners counsel submits that the impugned Office Memorandum dated 27.10.2010, on the basis of which the benefits of the ROP Rules, 2010 was being paid to serving and retired State Government employees, but not being given to retired Government Employees of the State, who retired between 01.01.2009 and 27.10.2010, having been set aside by this Court in WP(C) No. 51/2016, the petitioners cannot be denied the benefits under the ROP Rules, 2010.
(3.) Mr. A.K Rokhum, learned Addl. Advocate General, fairly submits that the present case is covered by the Judgment & Order dated 22.09.2017, passed in WP(C) No. 51/2016 and accordingly, the petitioners would be entitled to the pensionary benefits as per the ROP Rules, 2010. He also submits that the reason for not applying the ROP Rules, 2010, for the purpose of pension to the petitioners seems to be due to financial constraint, as reflected in the Letter No. 18018/36/2016-F. Est dated 03.05.2017, issued by the Under Secretary to the Government of Mizoram, Finance Department (E) and which was addressed to him.;


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