R. Rikhuma, S/o Thanseia v. State of Mizoram represented by the Chief Secretary to the Government of Mizoram
2010-12-16
H.BARUAH
body2010
DigiLaw.ai
JUDGMENT H. Baruah, J. 1. Heard Mr. C. Lalramzauva, learned Senior counsel assisted by Mr. T.J. Lalnuntluanga, learned Counsel for the writ Petitioner. Also heard Mr. N. Sailo, learned Addl. A.G., Mizoram for the State Respondents who accepts notice on their behalf. 2. As agreed to by the learned Counsel for both the parties, this matter is taken up for disposal at the admission stage. 3. Petitioner herein was initially appointed as Assistant Plumber (Work Charged) in the Public Health Engineering Department (for short PHE) vide SE Order No. A-1203/1/34-SE/PHE/744 dated 30.4.87 and he joined in the same post on 1.5.1987 in the scale of pay of Rs. 750-12-870-EB-14-940 PM. The Petitioner while was continuing in the said capacity was given service benefits like annual increment as per the Rules from time to time and was also contributing towards GPF and GIS. By the officer order No. 77 of 2006-2007 under Memo No. A.12033/22/05-PHE/20 dated 3.7.2006, the Petitioner's service was upgraded to Assistant Plumber(Work Charged) to Plumber (Work Charge) w.e.f 4.7.2006 in the scale of pay of Rs. 4000-100-6000/-PM. However, the pay as indicated received notification in pursuance of notification issued by the Finance Department, Government of Mizoram vide letter No. G-12017/3/2007-FIN(PRU) dated 26.2.2008 to Rs. 4500/-to Rs. 7000/-. It is also contended in the writ petition that during the course of his employment as Assistant Plumber/Plumber he credited earned leave, half-pay leave and other leaves as admissible under the CCS(Leave) Rules, 1972 applicable in respect of his service. It is also contended that the Petitioner did not avail any leave of the nature during his service period. The Petitioner superannuated after attaining the age of 60 years and he was released form service on superannuation vide office order No. 12 of 2007-2008 under Memo No. A.28011/1/01-PHED(KZ)/24 dated 29.2.2008 without getting any terminal benefit such as Pension benefit, Leave Encashment etc., except his GPF amount which he had subscribed under Account No. PHE (MZ) 1031 and Pay Roll Savings. It is contended that the Petitioner is entitled as Work-Charged employee in terms of the Modified CPWD Manual Volume-III, 2002 adopted by the Government of Mizoram notified vide Notification Memo No. A.12034/1/2000-P &AR (ARW) dated 22.8.2008. It is stated that as per the Modified CPWD Manual Vol-III, 2002, as adopted by the Govt. of Mizoram Sub-Clause-8.01 provides provisions for confirmation of the employees engaged/appointed as Work Charged employee.
It is stated that as per the Modified CPWD Manual Vol-III, 2002, as adopted by the Govt. of Mizoram Sub-Clause-8.01 provides provisions for confirmation of the employees engaged/appointed as Work Charged employee. The Petitioner superannuated from the service on attaining 60 years of age being appointed on 30.4.1987. The Petitioner became the permanent employee in terms of the Modified CPWD Manual Vol-III, 2002 and in view of such confirmation of his service per Clause-8.01 the Petitioner is entitled to terminal benefits as indicated in Clause 'O' of the Modified CPWD Manual Vol.-III, 2002. 4. The Petitioner being fall in the category of employee per Sub-Clause 8.01, he is not provided with any terminal benefits from the Government. The Petitioner, therefore, for not providing terminal benefits as provided in Clause 'O' of the Modified CPWD Manual, Vol.-III has approached this Court by filing this writ petition seeking a direction to the appropriate authority(s) to provide such benefits as indicated. 5. Mr. C. Lalramzauvua, the learned Sr. counsel while supporting the case of the writ Petitioner has led me through the Modified CPWD Manual, Vol.-III of 2002 adopted by the Government of Mizoram in respect of Work Charged employees, the Sub-Clause-8.01 in particular. Sub-Clause 8.01 speaks for events in career in respect of Work Charged employees. Clause (H)(8.01) speaks for confirmation of the Work Charged employees which speaks as under: 8.01 Confirmation All the existing work-charged personnel under the Government of Mizoram who were recruited prior to 1.6.2008 shall be regarded as permanent work-charged employees in terms of this manual and shall be confirmed against the posts which they are holding presently. All other cases falling after 1.6.2008 shall be governed by the following conditions: i. Confirmation will be made only once in the service of an official which will be in the entry grade. ii. Confirmation is delinked from the availability of permanent vacancy in the grade. In other words, an officer who has successfully completed the probation period i.e. 2 years may be considered for confirmation. iii. A specific order of confirmation will be issued when the case is cleared from all angles. 6. The Petitioner was admittedly appointed in the year 1978 prior to 1.6.2008 and therefore, the Petitioner could be construed as a permanent work charged employee in terms of the Clause. Though the Petitioner superannuated after attaining 60 years except, GPF contribution nothing terminal benefits are provided.
6. The Petitioner was admittedly appointed in the year 1978 prior to 1.6.2008 and therefore, the Petitioner could be construed as a permanent work charged employee in terms of the Clause. Though the Petitioner superannuated after attaining 60 years except, GPF contribution nothing terminal benefits are provided. For such employee per Modified CPWD Manual, Vol.-III of 2002 terminal benefit are provided in Clause 'O' of the Modified CPWD Manual, Vol.-III of 2002. The Petitioner being a permanent employee is entitled to pension and gratuity as per Sub-Clause 15.02 and also for leave salary per Sub-Clause 15.03. Such permanent employee is also entitled to other benefits as indicated in Clause 'O'. During the course of the argument Mr. C. Lalramzauva, the learned Sr. counsel, it is placed before this Court that the Petitioner being a permanent work charged employee is entitled to terminal benefits as indicated in Clause 'O' of the Modified CPWD Manual, Vol.-III of 2002. 7. Mr. N. Sailo, the learned Addl. A.G., Mizoram representing State Respondents taking note of the facts involved in this writ petitioin submits that the factum of non-payment of terminal benefits was never brought to the knowledge of the appropriate Government authority by the Petitioner at any point of time whatsoever. Therefore, it is submitted by Mr. N. Sailo, the learned Addl. A.G. Mizoram that a direction may be issued to the Petitioner to approach the appropriate authority(s) for release of such terminal benefits per Modified CPWD Manual, Vol.-III of 2002. It is accepted by Mr. C. Lalramzauva, the learned Sr. counsel that at no point of time, preceding to the filing of this writ petition, the Petitioner approached any authority ventilating his grievances for non-providing the service benefits to him after his superannuation from service. 8. In the facts situation and submissions advanced by the learned Counsel appearing for both the parties, this Court considers fit to issue a direction to the Petitioner to present a representation ventilating his grievances before the appropriate authority(s) which would serve the purpose. The Petitioner is, therefore, directed to submit a representation to the appropriate authority within a period of 1 (one) month which shall be disposed of by speaking order within the following month of the date of submission of the representation. The representation should accompany a copy of the writ petition and its annexures. With this direction, this writ petition stands disposed of.