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2019 DIGILAW 329 (GAU)

PULAK CHANDRA DEVNATH v. STATE OF MIZORAM REPRESENTED BY CHIEF SECRETARY

2019-03-11

NELSON SAILO

body2019
JUDGMENT : NELSON SAILO, J. 1. Heard Mr. Victor L. Ralte, the learned counsel for the petitioner who submits that the petitioner was initially appointed by the Governing Body of Kamalanagar College on 04.10.2005 as an Assistant Professor in the Department of Education. The College was thereafter upgraded into a Deficit status by the State Government w.e.f. 01.01.2007 vide Notification dated 13.03.2007. Thereafter, consequent upon the upgradation of the College to a Deficit College, a Screening Committee was constituted to screen the teaching and non-teaching staff of the College as per Rule 4 (3) of the Mizoram College (Recurring and Non-Recurring Grants-in-aid) Rules, 1990 and also in line with the UGC Norms. The petitioner was amongst one of the teachers who have successfully screened by the Screening Committee. 2. According to the petitioner, his appointment was approved along with similarly situated others and he was given an appointment order vide Order No. 03/2007 in the post of Lecturer, Education Department. The effective date of the appointment of the petitioner was from 22.05.2007. On such appointment, the petitioner along with others were made to subscribe the Contributory Provident Fund in terms of the Mizoram Aided College Contributory Provident Fund Regulations, 1990. Rule 4 (a) of the said Regulation provides that every employee shall contribute at the rate of 8% of his pay to a Provident Fund of which an account shall be opened in the Post Office Savings Bank or at the Scheduled Bank. Accordingly, the petitioner also made his subscription to the Provident Fund. 3. Mr. Victor L. Ralte, the learned counsel submits that the Kamalanagar College was subsequently provincialised vide Notification dated 19.09.2013 (Annuxure-7) alongwith Mizoram Law College, Aizawl. It was further provided that following the provincialisation of the Colleges, the teaching and non-teaching staff of the Colleges will be screened before their services are absorbed into Government Service. Consequently, after the screening of the teaching and non-teaching staff, the services of the employee concerned were absorbed vide Notification dated 06.05.2016 (Annexure-10) and thereafter, the same was published in the Mizoram Gazette dated 12.05.2016 (Annexure-11). 4. Mr. Consequently, after the screening of the teaching and non-teaching staff, the services of the employee concerned were absorbed vide Notification dated 06.05.2016 (Annexure-10) and thereafter, the same was published in the Mizoram Gazette dated 12.05.2016 (Annexure-11). 4. Mr. Victor L. Ralte, the learned counsel further submits that as per the Mizoram Colleges (Provincialisation) Rules, 1991, more particularly Rule 5 (3), the past services of the teaching and/or non-teaching staff is to be counted as qualifying service as explained at sub-rule (1) of the said Rules for the purpose of pension, retirement benefits and advances. Despite the said provision, since the petitioner and others similarly situated employees of the College were not given the benefits of subscribing to the Old Pension Scheme, as stipulated by the said Rules, a number of teachers approached this Court by filing WP(C) No. 206/2016 and WP(C) No. 212/2016. The first writ petition pertains to teaching and non-teaching staff of Kamalanagar College while the other case pertains to non-teaching staff of Mizoram Law College. The writ petitions upon due consideration by this Court was disposed of by common Judgment and Order dated 20.11.2017 with the direction to the respondent authorities to grant the petitioners therein the benefits of the Old Pension Scheme under the provision of CCS (Pension) Rules, 1972 by giving them their respective GPF Account Numbers and the Accounts already opened by way of PRAN be merged with the GPF Account Numbers to be given. 5. Mr. Victor L. Ralte, the learned counsel submits that the petitioner is covered by the said Judgment and Order and therefore, the writ petition may also be disposed of in similar lines. He further refers to WP(C) No. 82/2018 (Annexure-17) wherein, as many as 5 Assistant Professors of the same College i.e. Government Kamalanagar College had approached this Court with a similar prayer. The writ petition was disposed of on 26.07.2018 in terms of the Order passed in WP(C) No. 206/2016 and 212/2016. 6. Mr. Victor L. Ralte, the learned counsel submits that as per the communication received by him on behalf of his client in connection with WP(C) No. 82/2018 from the Under Secretary to the Government of Mizoram, Finance Department (E), the respondents are in the process of complying with the direction of the Court. 7. Mr. C. Zoramchhana, the learned Addl. Mr. Victor L. Ralte, the learned counsel submits that as per the communication received by him on behalf of his client in connection with WP(C) No. 82/2018 from the Under Secretary to the Government of Mizoram, Finance Department (E), the respondents are in the process of complying with the direction of the Court. 7. Mr. C. Zoramchhana, the learned Addl. Advocate General, Mizoram appearing for the State respondents fairly submits that the case of the writ petitioner is covered with the Judgment and Order passed in the earlier writ petitions i.e. WP(C) Nos. 206/2016, 212/2016 and 82/2018. 8. In that view of the matter, the writ petition is disposed as a covered case and the respondents are directed to grant the benefits of Old Pension Scheme under the CCS(Pension) Rules, 1972 to the petitioner by merging the Accounts opened under the PRAN with the GPF Account Number to be given to him. 9. The process be expedited and be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order. 10. With the above observation and direction, the writ petition stands disposed of as allowed.