- (1.) Leave granted. Introduction
(2.) A new State - State of Nagaland - was formed by the State of Nagaland Act, 1962 (for short, 'the 1962 Act') which came into force on December 1, 1963 comprising the territories which immediately before the appointed day were comprised in the Naga Hills - Tuensang Area of the State of Assam. Prior to the 1962 Act, Naga Hills-Tuensang Areas Act, 1957 was enacted by the Parliament by which certain changes were brought about with regard to the administration of the area viz., Naga Hills - Tuensang Area within the State of Assam. The pay structure applicable to civil servants of Assam was made applicable to the civil servants of the Naga Hills-Tuensang Area and as regards the service conditions including the age of superannuation, the Central Government Fundamental Rules and Subsidiary Rules were made applicable to them. After creation of the State of Nagaland, the conditions of service of the State Government employees continued to be governed by the same Rules. In 1990, the superannuation age of all the State Government employees other than grade-IV employees was raised from 55 years to 58 years. The 1991 Act
(3.) In 1991, Nagaland Retirement from Public Employment Act, 1991 (for short, 'the 1991 Act') was enacted by the State Legislature which came into force on June 18, 1991. Section 3 thereof provided for retirement from public employment. It states : "S.-3. Retirement from public employment: (1) Notwithstanding anything contained in any rule or orders for the time being in force, a person in public employment shall hold office for a term of thirty-three years from the date of his joining public employment or until he attains the age of fifty-seven years whichever is earlier : Provided that in special circumstances, a person under public employment may be granted extension by the State Government upto a maximum of one year; (2) All persons under public employment shall retire on the afternoon of the last day of the month in which he attains the age of fifty-seven years or on completion of thirty-three years of public employment whichever is earlier. (3) xxx xxx xxx xxx (4) xxx xxx xxx xxx (5) xxx xxx xxx xxx" ch granted consequential reliefs to the employees in Special Leave Petition (SLP) before thisction 3 (1991 Act) ;