ALL MANIPUR CIVIL PENSIONERS SOCIETY Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The question involved in this writ petition is whether and executive order passed in exercise of the powers conferred under Article 162 of the Constitution of India can tbe revoked by a Rule subsequently framed in exercise of the powers under Article 309 of the Constitution of India.

(2.) I have heard Mr. Th. Ibobi, the learned senior counsel appearing on behalf of the petitioners and Mr. L Shyamkishore the learned Government Advocate appearing on behalf of the respondents.

(3.) To appreciate the contentions advanced by the learned counsel for the parties, the facts relevant for the purpose may be stated as under :- The petitioner No. 1 is a Society, namely, All Manipur Civil Pensioners Society (hereinafter referred to as the Society) and petitioner No. 2 is the Secretary of the aforesaid Society. They have challenged the constitutional validity of the rules. Viz. Manipur Civil Services (Pension) Rules, 1977 (hereinafter referred to as the Rules) (Annexure-A/3) particularly the provisions laid down under Rule 4 of the Rules.