1. The subject-matter of controversy as well as the point of determination being common in both these two appeals, both these appeals are heard analogously.

2. In Writ Appeal No. 8/06 the judgment and order dated 18.5.2004 passed in WP(C) No. 36/02(AB) is the subject-matter of challenge and on the other hand in Writ Appeal No. 9/06 the judgment and order dated 9.4.2003 passed in WP(C) No. 3237/2000 is challenged. In fact, WP(C) No. 36/02 was decided following the ratio laid down in the decision rendered in WPC(No). 3237/2000 holding that the direction issued in the said writ petition would be applicable to the petitioner in WHO No. 36/02.

3. We have heard Mr. N. Sailo, learned Additional Advocate General, Mizoram appearing on behalf of the appellants and Mr. C. Lalramzauva, learned counsel for the respondent.

4. The members of the petitioner's association in WP(C) No. 3237/2000 as well as the petitioner in the other WP(C) No. 36/02 were the employees under the Government of Mizoram in different capacities and all of them have superannuated from their respective services in the year 1996. The Government of India constituted the 5th Pay Commission for consideration of revision of pay scales as well as other ancillary service benefits to the employees and pensioners of the Central Government and the report of 5th Pay Commission so submitted by the commission was decided to be accepted by the State of Mizoram by issuing a notification dated 26.8.1998. The said notification was issued in exercise of the power conferred under article 309 of the Constitution of India declaring that the central pay scales should be made applicable for all posts under the Government of Mizoram other than the posts mentioned therein at the same level of corresponding posts under the Government of India. However, in clause 5 of the said notification there was a reservation that the new central pay scales would be adopted w.e.f. 1.1.1996 and the modalities and issues related to payment of arrears would, however, be considered separately. It was further stated in the said notification that the condition of service of Government employees including facilities and amenities to be provided, would be incorporated in the Pay Rules to be adopted by the Government in due course and the existing facilities and conditions would continue to apply till such Rules are adopted.

5. Thereafter, the Mizoram Civil Services (Revised Pay) Rules, 1999 was framed under article 309 of the Constitution of India vide notification dated 9.7.1999 by the Government of Mizoram. In clause 4(3) of the said Rules it is provided that the revised scale of pay shall be effective from the 1st day of January, 1996 for the purpose of notional fixation of pay and pensionary benefits, while the actual monetary benefit shall be available only w.e.f. 1st day of May, 1999 for all the employees and new pensioners to whom these Rules shall apply.

6. After framing of the aforesaid Rules, the Government of Mizoram framed another set of Rules, namely, the Central Civil Services (Revised Pay) (Extension to State Government Employees of Mizoram) Rules, 1999 vide notification dated 4.10.1999. As per clause 2 of the Central Civil Services (Revised Pay) (Extension to State Government Employees of Mizoram) Rules, 1999 with all annexures as in force on the 1st day of January, 1996 in respect of the persons appointed to civil services and posts in connection with the affairs of the Union, whose pay is debitable to the civil estimates to whom it really extends and applies, is hereby extended and applied to the State Government employees of Mizoram on the basis of standard conversion of pay scale subject to the modifications specified hereinafter and as mentioned in the Schedule-A to these Rules. In paragraph 2 of Annexure A appended to the said Rules it is provided that the Central Civil Services (Revised Pay) Rules, 1997 would be deemed to have come into force on the 1st day of January, 1996 for the