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1999 Supreme(Gau) 96

D.BISWAS
Work Charged Employees Association – Appellant
Versus
State of Mizoram – Respondent


Advocates Appeared:
N.Sailo, H.Lalrinthanga

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







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