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Gauhati High Court · body

1999 DIGILAW 96 (GAU)

Work Charged Employees Association v. State of Mizoram

1999-03-24

D.BISWAS

body1999
This writ petition has been filed by the President of Work Charged Employee Association, Head Quarter Lunglei on behalf of a large number of work charged employees. The petitioner has prayed for reinstatement of the employees who have been thrown out of service before completion of 60 years of age and al for payment of arrears of pay and allowances for the period they were kept out of service. 2. The learned counsel for the petitioner at the very outset referred to the provisions in clause 23.01 of the Central Public Works Department Manual Vol III in order to show that the age of superannuation of the work charged employees is 60. Relying on this, the learned counsel further submitted that the State Govt having adopted this Manual for the purpose of regulating the service conditions of the work charged employees cannot act in contravention of the provisions thereof. It is clarified by the learned counsel that the age of retirement being 60 years it was unjust and unfair on the part of the Govt authorities to retire some of the employees before they attained 60 years of age without any reason. 3. Learned Govt Advocate fairly submitted that the provisions incorporated in clause 23.01 relating to age of retirement is applicable in respect of work charged employees working in the Public Works Department, Govt of Mizoram. From the affidavit-in-opposition, we also find that vide the notification dated 1.5.1976 the Govt of Mizoram adopted the Central Public Works Department Code as amended from time to time with marginal and incidental, changes as appended to the notification in Schedule I or regulating service conditions and other affairs of the Public Works Department. For better appreciation, the notification is quoted below: “No. PWE 7/72/71, the 1st May, 1976. Whdreas the Govt of Mizoram have not framed any Code of its own for carrying out the provisions pertaining to die function, works, and matter ancillary there to of Public Works Department; and Whereas, in the absence of such Code, works cannot be properly and expeditiously taken up, and Whereas, it is considered that the Central PWD Code may be suitable for the purpose with marginal and incidental changes to the requirements of Public Works Department under Govt of Mizoram. Now, therefore, the Lt Governor (Administrator) of Mizoram is pleased to order that, the Central PWD Code as amended from time to time with the marginal and incidental changes as appended to this notification in Schedule I shall be applied to and followed for the functions works and other matters ancillary thereto pertaining to the PWD under the Gevt of Mizoram from the date of publication of this notification in the Official Gazette of Mizoram.” The aforesaid notification makes it clear that the Govt of Mizoram in the year 1976 adopted the Central Public Work Department Code for the purpose of regulating the various affairs of the Public Works Department of the Govt of Mizoram which includes service conditions relating to the work charged employees. Clause 23.01 as referred to above provides that a work charged employee shall ordinarily be retained in service till the day he attains the age of sixty years. Even, it further provides that the work charged employees may be granted extension of service under very special circumstances to be recorded in writing after he attain the age of 60 years. This being the position obviously the Govt was obliged to allow, the work charged employees to continue in service till they attain 60 years of age. In the instant case, admittedly a large number of b employees have been retired before attaining the age of superannuation prescribed ie 60 years. In the counter-affidavit no reason has also been cited for justifying the deviation made. In view of this, this Court has no hesitation in holding that the action taken by the respondent Govt in retiring the work charged employees prematurely cannot be sustained. This leads the conclusion that work charged employees belonging to the petitioner's Association and who have been removed c from service before attaining the age of 60 years have to be taken back to service. 4. In the result, this writ petition is allowed. A writ of Mandamus is issued directing the respondents to reinstate the dismissed/removed work charged employees forthwith and to allow them to continue in service till they attain 60 years of age. Claim of the dismissed/removed work, charged employees for j payment of arrears of pay and allowances shall be considered and paid by the appropriate authority in accordance with law without loss, of time. Claim of the dismissed/removed work, charged employees for j payment of arrears of pay and allowances shall be considered and paid by the appropriate authority in accordance with law without loss, of time. The work charged employees who have already attained the age of 60 years as on today shall only be eligible for consideration for payment of back wages etc, 5. Before parting with the record, I feel it is •necessary to observe that henceforth the respondent-authorities shall strictly follow the provisions incorporated in Central Public Works Department Code .Vol III read with the notifications issued from time to time. 6. No order as to costs.