P MALSAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The instant writ petition is filed by the petitioner, a Gram Sevak, working under the Department of Agriculture, Government of Mizoram for quashing and/or setting aside the letter dated 26.08.2002, whereby and wherein the Deputy Secretary to the Govt. of Mizoram, conveyed the approval of the Government of Mizoram to the Director of Agriculture and Minor Irrigation (respondent No. 3 herein) regarding reinstatement of the petitioner in his service with retrospective effect from 01.07.1981 without any arrears of pay and allowances but only for fixation of his pay and pensionary benefit purely on humanitarian ground, and the office order dated 10.09.2002 (Annexure-4 to the writ petition) by which the petitioner was informed that he will be paid pay and allowances as admissible under rules w.e.f. the date of his joining in service i.e. 26.08.2002 and the letter dated 20.03.2009 whereby and whereunder the petitioner was informed that the principle of 'no work no pay' shall be applied in his case and the payment of pay and allowances for the period from 01.07.1981 till 10.09.2002 cannot be considered, so far he has been denied the benefit of pay and allowances till the date of his reinstatement in service, i.e. 10.09.2002 and also for a direction to treat the said period of his absence as on duty and pay him his arrear pay and allowances for the said period.

(2.) Heard Mr. C. Lalramzauva, learned counsel for the petitioner as well as Mrs. Dinari T. Azyu, learned Govt. Advocate for the State respondents.

(3.) The pleaded case of the petitioner in the writ petition in short is as follows :-