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2021 Supreme(Gau) 211

NELSON SAILO
H. Zosiamliana – Appellant
Versus
State Of Mizoram – Respondent


Advocates Appeared:
Dinari T Azyu, Advocate, Victor L Ralte, Advocate, K. Roland, Advocate, Caroline K Lungawipuii, Advocate, B. Lalramhnemi, Advocate, C. Zoramchhana, Advocate

JUDGMENT

Nelson Sailo, J. - Heard Mrs. Dinari T. Azyu, learned counsel for the petitioners and Mr. C. Zoramchhana, learned Addl. Advocate General, Mizoram for the respondents.

2. As many as 1348 petitioners have joined hands in filing the instant writ petition on the ground that they all have a common cause of action against the respondent authorities. The petitioners have retired from service between 01.01.2016 to 30.08.2018 and they are arrayed in the writ petition either in their personal capacity or through their legal representative in respect of those who have expired.

3. The case of the petitioners is that the Government of Mizoram in the Finance Department (Pay Research Unit) vide Notification dated 16.08.2018 (Annexure-2) notified the 7th Central Revision of Pay (as modified and extended to employees under the Govt. of Mizoram Rules, 2018. (hereafter referred to as the 7th Revision of Pay Rules for short).

4. The 7th Revision of Pay Rules was made in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India read with Article 162 of the same Constitution. Clause-1(2) provides that the Rules will come into force on the first day of January, 2016

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