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2025 DIGILAW 265 (GAU)

Zonunmawii v. State of Mizoram

2025-02-17

MARLI VANKUNG, N.UNNI KRISHNAN NAIR

body2025
JUDGMENT : N. Unni Krishnan Nair, J. Heard Mr. Victor L. Ralte, learned counsel, appearing on behalf of the petitioners. Also heard Mrs. Linda L. Fambawl, learned Addl. Advocate General, Mizoram, appearing on behalf of all the respondents. 2. In the writ petitions being WP(c)14/2017; WP(c)126/2015; WP(c)135/2015; WP(c)28/2016; WP(c)45/2016; WP(c)96/2016; WP(c)101/2016; WP(c)131/2016; WP(c)46/2017; WP(c)47/ 2017; WP(c)111/2017; WP(c)122/2017; WP(c)144/2017; WP(c)52/2018; WP(c)53/2018; and WP(c)18/2024; challenge being presented to the provisions of “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, the same were taken-up for hearing analogously. 3. The challenge as noticed hereinabove in the above-noted writ petitions, is for a declaration that the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, notified on 27.02.2015, to be ultra vires the Constitution of India . The petitioners have in the alternative prayed that, in the facts and circumstances as existing, the provisions of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, be declared to be not applicable to them. 4. The petitioners in the above-noted writ petitions, were all engaged as contractual employees under various Departments of the Government of Mizoram. The cases of the petitioners in these writ petitions, were taken-up for consideration for regularization of their services in terms of the provisions of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, and orders regularizing their services came to be so issued after 01.09.2010. 5. For the purpose of adjudication of the issue arising in the present proceedings, the facts as involved in WP(c)52/2018, is being noted. 6. The petitioners in WP(c)52/2018, were engaged as Upper Division Clerks in the Public Works Department(PWD) on contractual basis on various dates in the year 2009. Thereafter, in terms of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, the petitioners having fulfilled the requisite eligibility criteria as prescribed therein, for having their services regularized; the services of the petitioners No. 1 to 10, were regularized vide issuance of the order, dated 25.08.2014. Similarly, the services of the petitioners No. 11 & 12 were also regularized vide order, dated 05.11.2014, in terms of the said Scheme of 2008. Such regularization of the services of the petitioners, were contended to have been so effected on recommendations made in this connection by the Mizoram Public Service Commission(MPSC). Similarly, the services of the petitioners No. 11 & 12 were also regularized vide order, dated 05.11.2014, in terms of the said Scheme of 2008. Such regularization of the services of the petitioners, were contended to have been so effected on recommendations made in this connection by the Mizoram Public Service Commission(MPSC). In the order, dated 05.11.2014, issued towards regularizing the services of the petitioners No. 11 & 12, it was stipulated therein that the past service rendered as continuous contractual employees by them, shall be counted as qualifying service for the purpose of leave as admissible under the said Scheme of 2008. The said stipulation, however, is not found to have been so made in the order, dated 25.08.2014, regularizing the services of the petitioners No. 1 to 10. On regularization of their services, the petitioners were enrolled under the “Mizoram New Defined Contributory Pension Scheme, 2010”, and were allotted Permanent Retirement Account Number(PRAN). 7. The petitioners, being aggrieved, approached the respondent authorities praying for their inclusion in the Old Pension Scheme as earlier prevalent in terms of the provisions of Central Civil Service(Pension) Rules, 1972. It is contended by the petitioners that the “Mizoram New Defined Contributory Pension Scheme, 2010”, which had come into force w.e.f. 01.09.2010, had excluded persons employed on contract basis from its purview. However, the Finance Department, Government of Mizoram, vide Notification, dated 27.02.2012, had notified the inclusion of all Muster Roll/Contract/Ad-hoc/ Officiating/Casual Employees, etc., whose services were regularized on or after 01.09.2010, in the “Mizoram New Defined Contributory Pension Scheme, 2010”. 8. It is also contended that assailing the said Notification, dated 27.02.2012, a writ petition being WP(c)25/2013 was instituted before this Court and this Court, vide judgment & order, dated 28.05.2014, noticing that the “Mizoram New Defined Contributory Pension Scheme, 2010”, was so formulated invoking the provisions of the proviso to Article 309 of the Constitution of India and holding that the same could not have been amended by an executive instruction, proceeded to interfere with the Notification, dated 27.02.2012. 9. 9. It is further projected in the writ petition by the petitioners that the State Respondents had, thereafter, notified the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, vide Notification, dated 27.02.2015, and therein, it was provided that it would be mandatory for government servants who had entered into the government service on regular basis and/or regularized on or after 01.09.2010, to be covered by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”. 10. The petitioners being aggrieved, had approached this Court by way of instituting a writ petition being WP(c)79/2015, praying, inter alia, for counting their past services as qualifying service for the purpose of leave and pensionary benefits, and thereby, enable them to enjoy the benefits of pension and pensionary benefits under the provisions of the Central Civil Service(Pension) Rules, 1972. This Court, vide order, dated 01.10.2015, was pleased to hold that in view of the “Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015”, coming into force w.e.f. 27.02.2015, having retrospective effect w.e.f. 01.09.2010; the same would also cover the cases of the petitioners as well and the provisions thereof, not being under challenge, the aforesaid writ petition being WP(c)79/2015, came to be dismissed. The petitioners, being aggrieved by the said order, dated 01.10.2015, had instituted a writ appeal being WA No. 04/2015, assailing the same. The Division Bench of this Court, vide order, dated 12.06.2017, was pleased to uphold the order, dated 01.10.2015, passed in WP(c)79/2015. However, liberty was granted to the petitioners to challenge the vires of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”. Accordingly, the petitioners in WP(c)52/2018, have instituted the present proceeding, assailing the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015. 11. As noticed hereinabove, in the other connected writ petitions presently under consideration; similar challenge has been presented before this Court. 12. Mr. Ralte, learned counsel for the petitioners, has submitted that it is an admitted position that the services of the petitioners, in the writ petitions involved, were so regularized in terms of the provisions of the Government of Mizoram Regularization of Contract Employees Scheme, 2008. By referring to the said Scheme of 2008, more particularly, paragraph No. 7 thereof; Mr. Mr. Ralte, learned counsel for the petitioners, has submitted that it is an admitted position that the services of the petitioners, in the writ petitions involved, were so regularized in terms of the provisions of the Government of Mizoram Regularization of Contract Employees Scheme, 2008. By referring to the said Scheme of 2008, more particularly, paragraph No. 7 thereof; Mr. Ralte, learned counsel, has submitted that on regularization of the services of the employees employed on contractual basis, their past services rendered as continuous contractual employees, shall mandatorily be required to be counted as qualifying service for the purpose of leave and pensionary benefits. 13. Mr. Ralte, learned counsel, has further submitted that the said stipulation so made in the provisions of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, having not been altered till the date of regularization of the services of the petitioners, herein; the provisions of the Scheme of 2008 has to be given its due effect. Accordingly, Mr. Ralte, learned counsel, has submitted that on regularization of the services of the petitioners, herein; their past services would automatically stand added to such regularized services. Accordingly, it has to be deemed that the petitioners although regularized after 01.09.2010, in view of their such regularization being given a deemed retrospective effect, they would now come under the provisions of the Central Civil Service(Pension) Rules, 1972, and they would be entitled to pension and pensionary benefits in terms thereof, on their superannuation from service. 14. Mr. Ralte, learned counsel, has further that the “Mizoram New Defined Contributory Pension Scheme, 2010”, had come into force w.e.f. 01.09.2010. However, paragraph No. 2.1(e) of the said Scheme of 2010, stipulates that the same would not apply to persons employed on contract basis. Accordingly, it has been submitted that the provisions of the said Scheme of 2010, cannot be made applicable in respect of the persons engaged on contract basis and on regularization of their services in terms of the provisions of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”; they would be governed by the provisions of the Central Civil Service(Pension) Rules, 1972. 15. By referring to the Notification, dated 27.02.2012, Mr. 15. By referring to the Notification, dated 27.02.2012, Mr. Ralte, learned counsel, has submitted that the same although had stipulated that all Muster Roll/Contract/Ad-hoc/Officiating/ Casual Employees, whose services were regularized on or after 01.09.2010, would be brought within the purview of the “Mizoram New Defined Contributory Pension Scheme, 2010”, the same on a challenge being presented to it, was set aside by this Court vide judgment & order, dated 25.08.2014, in WP(c)25/2013. 16. Mr. Ralte, learned counsel, has further submitted that the interference made by this Court with the Notification, dated 27.02.2012, would go to reveal that persons engaged on contract basis, on their regularization under the provisions of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, would be governed by the provisions of the Central Civil Service(Pension) Rules, 1972, and would not be governed by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”. 17. Mr. Ralte, learned counsel, has submitted that on the said developments taking place; the respondent authorities had notified the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, on 27.02.2015, towards amending the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”. 18. It is further submitted by Mr. Ralte, learned counsel, that in terms of the Amendment so effected in paragraph No. 2.1 of the “Mizoram New Defined Contributory Pension Scheme, 2010; the said Scheme of 2010”, was now mandated not to apply to persons engaged on contract basis and whose services were not regularized. However, on account of the Amendment so effected in Clause 2 and 4 of paragraph No. 4 of the Scheme of 2010 and it being now mandated that the government servants who entered into government service on regular basis and/or regularized on or after 01.09.2010, would be covered by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”; the services of the petitioners in the above-noted writ petitions having been so regularized after 01.09.2010, they would now be covered by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, and would be excluded from the purview of the Central Civil Service(Pension) Rules, 1972. 19. Mr. Ralte, learned counsel, has submitted that the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, having the effect of amending the principal Scheme of 2010 with retrospective effect; the same has caused prejudice to the service interest of the petitioners. 19. Mr. Ralte, learned counsel, has submitted that the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, having the effect of amending the principal Scheme of 2010 with retrospective effect; the same has caused prejudice to the service interest of the petitioners. It is further submitted by the learned counsel that the right accruing upon the petitioners under the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, could not have been taken away by the respondent authorities by formulating the “Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015”. 20. Mr. Ralte, learned counsel, by taking this Court through the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, as well as the provisions of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, has submitted that the same did not repeal and/or supersede any of the provisions of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”. The learned counsel has further submitted that paragraph No. 7 of the Scheme of 2008, while stipulating that the past service rendered by a contractual employee, on regularization of his service, in terms of the Scheme of 2008; shall be counted for the purpose of leave and pensionary benefits and the said provision not having been amended till the date of regularization of the services of the petitioners in the above-noted writ petitions; such stipulation has to be construed to mean that the pension that is contemplated in the provisions of paragraph No. 7 of the said Scheme of 2008, would mean the pension and pensionary benefits as provided under the Central Civil Service(Pension) Rules, 1972, and the same is required to be so extended to the petitioners in the above-noted writ petitions. 21. Accordingly, in view of the provisions of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, it is the contention of Mr. Ralte, learned counsel, that on regularization of the services of the petitioners in all these writ petitions, they, for the purpose of pension, would be governed by the provisions of the Central Civil Service(Pension) Rules, 1972, and would not be governed by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, which had come into effect w.e.f. 01.09.2010. 22. Mr. 22. Mr. Ralte, learned counsel, has also referred to the decisions of this Court wherein persons regularized even after 01.09.2010, in view of the provisions of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, have been extended with the benefit of pension and pensionary benefits under the provisions of the Central Civil Service(Pension) Rules, 1972, and accordingly, it has been submitted that the petitioners, herein, are also entitled to their pension and pensionary benefits in terms of the provisions of the Central Civil Service(Pension) Rules, 1972, and accordingly, it is prayed that the “Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015”, be declared ultra vires the Constitution of India . 23. Alternatively, it has been submitted by Mr. Ralte, learned counsel for the petitioners, that in the facts and circumstances involved, more particularly, given the existence of the provisions of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”; the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, and the provisions of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, be held to be not applicable in respect of the petitioners, in the above-noted writ petitions, on regularization of their respective services. 24. Per contra, Mrs. Fambawl, learned Addl. Advocate General, Mizoram, appearing on behalf of all the respondents, has, at the outset, submitted that the petitioners in the above-noted writ petitions, having admittedly been regularized in their services after 01.09.2010, and they having become government servants only after 01.09.2010, on regularization of their respective service; given the fact that the “Mizoram New Defined Contributory Pension Scheme, 2010”, mandates that all government servants who entered into government service on regular basis on or after 01.09.2010, would be covered by its provisions, the petitioners would be covered by the provisions of the Scheme of 2010, and cannot claim that they be covered by the provisions of the Central Civil Service(Pension) Rules, 1972, in-as-much as, the coverage under the provisions of the Rules of 1972, in respect of the government servants joining their services on regular basis under the Government of Mizoram after 01.09.2010; had ceased to have force. 25. Mrs. Fambawl, learned Addl. 25. Mrs. Fambawl, learned Addl. Advocate General, Mizoram, by referring to the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, and the same having provided that it stands mandatorily extended to the government servants joining service after 01.09.2010; the Notification, dated 27.02.2012, was contended to be of no consequence. 26. Mrs. Fambawl, learned Addl. Advocate General, Mizoram, by highlighting that the petitioners in the present proceedings, have only presented a challenge to the “Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015”; has contended that the petitioners’ services having been regularized after 01.09.2010, they would be automatically covered by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, and even, in the event, the challenge to the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, is accepted by this Court; the same would not change the status of the petitioners, herein, in-as-much as, they are already covered under the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, in view of the fact that they had become government servants on regularization of their services after the said Scheme of 2010, had come into force. 27. Mrs. Fambawl, learned Addl. Advocate General, Mizoram, has further submitted that the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, is clarifactory in nature and accordingly, the same would have a retrospective effect, i.e. with effect from the date, the “Mizoram New Defined Contributory Pension Scheme, 2010”, had come into force. Accordingly, the learned Addl. Advocate General, Mizoram, has submitted that the present writ petitions would not merit consideration and would be called to be dismissed in limine. 28. I have heard the learned counsels appearing for the parties and also perused the materials available on record. 29. As noticed hereinabove, the challenge in the above-noted writ petitions, are only to the provisions of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”. The contention of Mr. 28. I have heard the learned counsels appearing for the parties and also perused the materials available on record. 29. As noticed hereinabove, the challenge in the above-noted writ petitions, are only to the provisions of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”. The contention of Mr. Ralte, learned counsel for the petitioners, is that the services of the petitioners, herein, having been so regularized under the provisions of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”; in view of paragraph No. 7 of the said Scheme of 2008, the past services being so permissible to be counted for the purpose of pension; the provisions of the Central Civil Service(Pension) Rules, 1972, would be applicable in their cases, in-as-much as, the past service on contractual basis now being added to their regularized service, their continuous service has now to be deemed to be so reckoned with effect from the date of their initial engagement on contractual basis, and on being so reckoned; the petitioners would be deemed to have become government servants with effect from a date prior to 01.09.2010, i.e. on which date, the “Mizoram New Defined Contributory Pension Scheme, 2010”, had come into effect, and accordingly, their services, on regularization, would be governed by the provisions of the Central Civil Service(Pension) Rules, 1972. 30. The provisions of Paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, being relevant, is extracted hereinbelow: “ 7. Counting of past service on regularization: On regularisation, past services rendered as continuous Contract employee shall be counted as qualifying service for leave and pensionary benefits only.” 31. A perusal of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, would go to reveal that the past services of the contractual employees regularized under the provisions of the Scheme of 2008, shall be counted as qualifying service for the purpose of leave and pensionary benefits. When the Scheme of 2008 was so formulated by the Government of Mizoram, it was the provisions of the Central Civil Service(Pension) Rules, 1972, which was holding the field in the State of Mizoram. However, w.e.f. 01.09.2010, the Government of Mizoram had introduced the “Mizoram New Defined Contributory Pension Scheme, 2010”. 32. The relevant portion of the “Mizoram New Defined Contributory Pension Scheme, 2010”, is extracted hereinbelow: “ 1. Short title and commencement. However, w.e.f. 01.09.2010, the Government of Mizoram had introduced the “Mizoram New Defined Contributory Pension Scheme, 2010”. 32. The relevant portion of the “Mizoram New Defined Contributory Pension Scheme, 2010”, is extracted hereinbelow: “ 1. Short title and commencement. -This scheme may be called the Mizoram New Defined Contributory Pension Scheme, 2010. It shall come into force on the 1 September, 2010. 2. Application 2.1 Tier-1 of this scheme shall apply only to the Government servants appointed on regular basis with effect from 1.9.2010 onwards to civil services and posts in connection with the affairs of the State which are borne on pensionable establishments, but shall not apply to:- a) Persons in casual and daily-rated employment. b) Persons paid from contingencies. c) Persons entitled to the benefit of a Contributory Provident Fund. d) Members of All India Services. e) Persons employed on contract basis. f) Persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law or specific scheme for the time being in force. 4. Salient Features of the Mizoram New Defined Contributory Pension Scheme, 2010 1) This scheme has been introduced to replace the existing Defined Benefit Pension Scheme under the existing Central Civil Services (Pension) Rules, 1972 with effect from 1.9.2010. 2) It shall become mandatory to the Government servants who entered into the Government service on regular basis on or after 1.9.2010. 3) Unlike the New Defined Contributory Pension Scheme introduced by the Central Government with effect from 1.1.2004 onwards, only Tier-I of the Scheme shall be introduced at the initial stage; and Tier-II of the scheme shall be introduced separately subject to the approval of the Government. 4) In this scheme, the existing provisions of Defined Benefit Pension and General Provident Fund would not be available to new Government servants joining Government service on or after 1.9.2010.” 33. A perusal of the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010” would go to reveal that the same was introduced to replace the Central Civil Service (Pension) Rules, 1972. The Scheme of 2010 further stipulates that the government servants entering government service on or after 01.09.2010, shall mandatorily be governed by the provisions of the Scheme of 2010. The Scheme of 2010 further stipulates that the government servants entering government service on or after 01.09.2010, shall mandatorily be governed by the provisions of the Scheme of 2010. In other words, any persons coming to hold a post on substantive basis in a pensionable establishment on or after 01.09.2010, would be governed by the provisions of the Scheme of 2010 and would not be governed by the provisions of the Central Civil Service(Pension) Rules, 1972. 34. It is the contention of Mr. Ralte, learned counsel for the petitioners, that in terms of paragraph No. 2.1 of the “Mizoram New Defined Contributory Pension Scheme, 2010”; Tier-I of the Scheme shall apply only to government servants appointed on regular basis w.e.f. 01.09.2010 onwards, but, shall not apply to persons employed on contract basis. It is also the projection of the petitioners that they being employed on contract basis on the date, the Scheme of 2010 had come into force; they stand excluded therefrom. The said contention of Mr. Ralte, learned counsel, is to the effect that in view of the prescription so made in paragraph No. 2.1(e) of the Scheme of 2010 that the persons employed on contract basis being excluded from the purview of the said Scheme of 2010; the petitioners, herein, have to be construed to be covered by the provisions of the Central Civil Service(Pension) Rules, 1972. 35. A perusal of the provisions of the Central Civil Service (Pension) Rules, 1972, more particularly, Rule 2(g) thereof; would go to reveal that persons employed on contract basis, are also excluded from the purview of the provisions of the said Rules of 1972. Accordingly, the contention of the learned counsel for the petitioners that in view of the provisions of paragraph No. 2.1(e) of the “Mizoram New Defined Contributory Pension Scheme, 2010”, the said Scheme of 2010 not being applied to the persons employed on contract basis; the persons employed on contract basis would be covered by the provisions of the Central Civil Service(Pension) Rules, 1972, would not merit consideration. 36. Persons employed on contract basis, are not considered to be in pensionable service and accordingly, such employees are not covered, either, by the provisions of the Central Civil Service(Pension) Rules, 1972, and/or, the “Mizoram New Defined Contributory Pension Scheme, 2010”. 37. 36. Persons employed on contract basis, are not considered to be in pensionable service and accordingly, such employees are not covered, either, by the provisions of the Central Civil Service(Pension) Rules, 1972, and/or, the “Mizoram New Defined Contributory Pension Scheme, 2010”. 37. At this stage, it is to be noted that the Government of Mizoram in the Finance Department, had issued a Notification, dated 27.02.2012, modifying paragraph No. 2.1 of the “Mizoram New Defined Contributory Pension Scheme, 2010”, to the extent that Tier-I was now stipulated to include all Muster Roll/ Contract/Ad-hoc/Officiating/Casual Employees, etc., whose services were regularized on or after 01.09.2010. However, on a challenge being presented to the said Notification, dated 27.02.2012, the same was set aside by this Court. Accordingly, no further discussion on the said Notification, dated 27.02.2012, would be called for. 38. Having noticed the above position; this Court would now consider the provisions of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”. 39. The “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, was so formulated to amend the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, more particularly, the provisions of paragraphs No. 2, 4 and 5 of the said Scheme of 2010. The amendment so effected, being relevant, is extracted hereinbelow: “ 2.Amendment of Para 2 In Para 2 of the Principal Scheme, for clauses (a), (b), (e) and (f) and of the sub- para 2.1 itself, the following shall be substituted, namely: "2.1 Tier-I of this scheme shall apply only to the Government servants appointed on regular basis with effect from 1.9.2010 onwards/regularized on or after 1.9.2010 to civil services and posts in connection with the affairs of the State which are borne on pensionable establishments, but shall not apply to:- a) Persons in casual and daily-rated employment who are not regularized. b) Persons paid from contingencies who are not regularized. e) Persons employed on contract basis who are not regularized. f) Persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law or specific scheme for the time being in force who are not regularized." 3. b) Persons paid from contingencies who are not regularized. e) Persons employed on contract basis who are not regularized. f) Persons whose terms and conditions of service are regulated by or under the provisions of the Constitution or any other law or specific scheme for the time being in force who are not regularized." 3. Amendment of Para 4 For clauses (2) & (4) of Para 4 of the Principal Scheme, the following shall be substituted, namely: 2) shall become mandatory to the Government servants who entered into the Government service on regular basis/regularized on or after 1.9.2010. 4) In this scheme, the existing provisions of Defined Benefit Pension and General Provident Fund would not be available to Government servants who join Government service/regularized on or after 1.9.2010." 4. Amendment of Para 5 For clauses (4) & (6) of Para 5 of the Principal Scheme, the following shall be substituted, namely: "4) Government servants joining the service/ regularized on or after 1.9.2010 shall not subscribe to the General Provident Fund and shall rather join this New Defined Contributory Pension Scheme automatically. 6) Immediately on joining the Government service / regularization, the Government servant shall be required to provide particulars such as his name, designation, scale of pay and Grade Pay, date of birth, nominee(s) for the fund, relationship of the nominee, etc in the prescribed form (Annexure-I). The Drawing and Disbursing Officer concerned shall be responsible for obtaining this information from all Government servants covered under this new pension scheme and shall submit the consolidated information for all those who have joined service/regularized during the month in the prescribed format (Annexure- II) to the CCA who shall cause to allot Permanent Retirement Account Numbers (PRAN) to the Government servants concerned." 40. A perusal of the amended provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, coming into effect in pursuance of the “Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015”, would go to reveal that the changes so effected have not changed the purport of the Scheme of 2010. In terms of the amended provisions of paragraph No. 2.1(e) of the Scheme of 2010; it is now clarified that the Scheme of 2010, would not apply in respect of persons employed on contract basis, who are not regularized. In terms of the amended provisions of paragraph No. 2.1(e) of the Scheme of 2010; it is now clarified that the Scheme of 2010, would not apply in respect of persons employed on contract basis, who are not regularized. Clause 2 of paragraph No. 4 of the Scheme of 2010, on being amended, clarifies that it shall become mandatory to the government servant who entered into government service on regular basis, and/or on regularization of their services on or after 01.09.2010, to be covered by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”. 41. On a close perusal of the original Scheme of 2010, along with its amended provisions coming into force in terms of the Scheme of 2015; no major deviation is seen. Only upon Amendment, it has been clarified that the government servants entering into government service on regular basis and/or on regularization of their services on or after 01.09.2010, shall be mandatorily governed by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”. In the original Scheme of 2010; the stipulation was to the effect that the Scheme of 2010, would be applicable mandatorily to the government servants who had entered into government service on regular basis, on or after 01.09.2010. In our considered view; the prescription as made in the provisions of clause 2 of paragraph No. 4 as well as that of Clause 4 of paragraph No. 4, of the Scheme of 2015, is in no way different from the prescription made in this connection in the unamended provisions of Clause 2 and 4 of paragraph No. 4 of the Scheme of 2010. 42. As noticed hereinabove; the employees engaged on contract basis, would not be entitled to be covered, either, by the provisions of the Central Civil Service(Pension) Rules, 1972, or, by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”. It is only on regularization of the services of such employees that they become regular government servants. Only on becoming regular government servants, the question would arise as to whether they would be entitled to be covered by the provisions of the Central Civil Service(Pension) Rules, 1972, or, would be covered by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”. The petitioners, admittedly, had become government servants only on regularization of their respective contractual services after 01.09.2010. The petitioners, admittedly, had become government servants only on regularization of their respective contractual services after 01.09.2010. The “Mizoram New Defined Contributory Pension Scheme, 2010”, prior to its amendment, having mandated that the same would be applicable to all government servants who entered into government service on regular basis on or after 01.09.2010; the same would stand applicable to the persons employed on contract basis on regularization of their services, in-as-much as, such contractual employees would become regular government servants only upon regularization of their services and not prior thereto. 43. The petitioners, herein, have urged that in view of the provisions of paragraph No. 7 of the “Mizoram New Defined Contributory Pension Scheme, 2010”, the past service rendered by them being reckonable for the purpose of qualifying service for persons, they have to be deemed to be government servants with effect from the date of their initial engagement on contractual basis, which admittedly falls on a date prior to 01.09.2010; they would be covered by the provisions of the Central Civil Service(Pension) Rules, 1972. 44. On a perusal of the provisions of paragraph No. 7 of the “Mizoram New Defined Contributory Pension Scheme, 2010”, we are not persuaded to accept the said contention of Mr. Ralte, learned counsel for the petitioners. In our considered view; the provisions of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, have to be given a meaning consistent with the pension Rule/Scheme in force, on the date; the employees engaged on contract basis, are regularized in their services. On the date, the services of the petitioners in the above-noted writ petitions were so regularized; the provisions of the Central Civil Service(Pension) Rules, 1972, had already ceased to have any effect and it was the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, that was holding the field. 45. The petitioners, herein, admittedly, having been regularized in their services after 01.09.2010, and they having become government servants after the said date i.e. 01.09.2010; the petitioners, herein, cannot be held to be governed by the provisions of the Central Civil Service(Pension) Rules, 1972, but would be governed by the “Mizoram New Defined Contributory Pension Scheme, 2010”. 45. The petitioners, herein, admittedly, having been regularized in their services after 01.09.2010, and they having become government servants after the said date i.e. 01.09.2010; the petitioners, herein, cannot be held to be governed by the provisions of the Central Civil Service(Pension) Rules, 1972, but would be governed by the “Mizoram New Defined Contributory Pension Scheme, 2010”. There being no challenge to the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”; it also cannot be held that the petitioners, herein, are not covered by the provisions thereof, on their regularization in services occasioning after the said Scheme of 2010, had come into effect. 46. The provisions of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, having already been concluded by us hereinabove, to have not introduced any new provision and/or created any new category of employees to be covered by the “Mizoram New Defined Contributory Pension Scheme, 2010”, and the same being in the nature of a clarification; the same would also have to be held to have a retrospective effect. Accordingly, the contentions of the petitioners that it was only on account of the “Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015”, that they were taken-out from the purview of the provisions of the Central Civil Service (Pension) Rules, 1972, would not merit consideration. 47. At this stage, the submission of Mr. Ralte, learned counsel for the petitioners that in view of the provisions of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”; the services of the petitioners on being regularized, have now to be construed to be continuous from the date of their engagement on contract basis and accordingly, they have to be deemed to have become government servants with effect from their respective dates of initial engagement on contract basis; which would fall on a date prior to 01.09.2010, and accordingly, they, on regularization of their services, have to be construed to be covered by the provisions of the Central Civil Service (Pension) Rules, 1972, is now being examined. 48. The above submission of Mr. 48. The above submission of Mr. Ralte, learned counsel for the petitioners, when examined in the light of the provisions of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”; the said submission would not merit an acceptance, in-as-much as, the provisions of paragraph No. 7 of the Scheme of 2008, cannot be construed to have the effect of granting the status of a government servant to a contractual employee on regularization of his service with effect from a date prior to the date of actual regularization. 49. The provisions of paragraph No. 7 of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, only mandated that the period of service rendered as a continuous contractual employee, would be counted as a qualifying service for pension and pensionary benefits. The said provision, in our considered view, only lays down that the period of service rendered by a contractual employee, on regularization, would be considered as qualifying service, to the extent mandated; for the purpose of computation of pension. The provisions of paragraph No. 7 cannot, in any view, be construed to have the effect of granting a date of deemed entry into the government service on regular basis prior to the date of actual regularization of service of a contractual employee. The petitioners, in the above-noted writ petitions, having become government servants, on regularization of their services, after 01.09.2010, they would be governed by the provisions of the Scheme of 2010 and not governed by the provisions of the Central Civil Service(Pension) Rules, 1972, for coverage for the purpose of pension. Accordingly, the contentions raised by Mr. Ralte, learned counsel for the petitioners, would not merit consideration. 50. The decisions of the learned Single Judge as well as of the co-ordinate Bench of this Court as relied upon by Mr. Ralte, learned counsel for the petitioners, were examined by us and we are of the considered view that the same would not advance the case of the petitioners, herein, in-as-much as, the same had not considered a challenge, either, to the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, or, to the provisions of the “Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015”. Accordingly, this judgment is not burdened with the discussions of the same. 51. Accordingly, this judgment is not burdened with the discussions of the same. 51. In view of the foregoing discussions and the conclusions reached that the petitioners, herein, having become regular government servants on or after 01.09.2010; they would be governed by the provisions of the “Mizoram New Defined Contributory Pension Scheme, 2010”, we are of the considered view that the challenge as presented to the provisions of the “Mizoram New Defined Contributory Pension (First Amendment) Scheme, 2015”, would not merit acceptance. 52. Accordingly, the present batch of writ petitions are held to be bereft of any merit and consequently, the same stands dismissed. However, there shall be no order as to costs.