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2022 Supreme(Gau) 1190
IN THE GAUHATI HIGH COURT, (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNCHAL PRADESH), AIZAWL BENCH : AIZAWL
NELSON SAILO, J.
Lalnunpuii Parte and Ors. – Petitioners
Versus
State of Mizoram, r/b The Chief Secretary to the Govt. of Mizoram, Aizawl and Ors. – Respondents
WP(C) No. 43 of 2017
Decided On : 12-08-2022
For the Petitioners: Mr. Anil Rinliana Malhotra, Ms. Emily Lalrinzuali Chhangte, Mr. C. Vanlalruata
For the Respondents: Ms. H. Lalmalsawmi.
Headnote:
Constitution of India, 1949 – Article, 226 – Transaction of Business Rules – Rule 10 & 11 – Power of High Court to issue certain writs – Learned counsel petitioners and Ms. H. Lalmalsawmi, learned Government Advocate for respondents – Writ petition petitioners have challenged decision taken in meeting minutes was decided that service on deputation – Held, Court find merit in writ petition and accordingly – Petitioners are entitled to exemption from contributing pension and leave salary while they were on deputation to KVK – Consequential orders and adjustments of what may have already been contributed be adjusted and carried out expeditiously and at any rate within outer limit of two months from receipt of a certified copy of this Order – Order Accordingly.
JUDGMENT :
1. Heard Mr. A.R Malhotra, learned counsel for the petitioners and Ms. H. Lalmalsawmi, learned Government Advocate for all the respondents.
2. By filing this writ petition, the petitioners have challenged the decision taken in the meeting minutes dated 21.09.2011 (Annexure-13) where it was decided that the service on deputation under KVK, Mizoram is to be treated as Foreign Service w.e.f. 01.01.2012 and also the two communications dated 29.12.2016 (Annexure-24) and 10.02.2017 (Annexure-27) by which, the petitioners were informed about the rejection of their representation.
3. Brief facts of the case essential for disposal of the writ petition is that the petitioner Nos. 1, 4 & 5 are working under the Agriculture Department while the petitioner Nos. 2 & 3 are working under the Horticulture Department. They all were deputed under KVK, which is a Centrally Sponsored Scheme (CSS) on different dates. The petitioner No. 1 was deputed to the post of Programme Co-ordinator under KVK North Vanlaiphai vide Notification dated 29.10.2009 (Annexure-4) and was repatriated back to her parent Department w.e.f. 01.01.2012 vide Notification dated 07.03.2012 (Annexure-16). Thereafter, vide Notification dated 07.03.2012 (Annexure-17), she was again deputed to the same post w.e.f. 01.01.2012 and thereafter, repatriated back to her parent Department vide Notification dated 16.03.2015 w.e.f. 01.04.2015.
4. The petitioner No. 2 was deputed to the post of Programme Co-ordinator, KVK Khawzawl vide Notification dated 23.06.2011 (Annexure-10) with effect from the date of her joining. Thereafter, vide Notification dated 07.03.2012 (Annexure-16), she was repatriated back to her parent Department w.e.f. 01.01.2012. The petitioner No. 2 was again deputed to the same post vide Notification dated 07.03.2012 w.e.f. 01.01.2012 and subsequently, repatriated back to her parent Department vide Notification dated 14.12.2016 (Annexure-23) w.e.f 01.01.2017.
5. The petitioner No. 3 was deputed to the post of Programme Co-ordinator, KVK Lawngtlai vide Notification dated 02.09.2011 (Annexure-11) with effect from the date of her joining and she was repatriated back to her parent Department vide Notification dated 07.03.2011 (Annexure-16) w.e.f. 01.01.2012. The respondent No. 3 was again deputed to the same post vide Notification dated 07.03.2012 (Annexure-17) w.e.f. 01.01.2012 and was repatriated back to his parent Department vide Notification dated 05.09.2016 (Annexure-22) w.e.f 19.09.2016.
6. The petitioner No. 4 was deputed to the post of Programme Co-ordinator, KVK Lengpui vide Notification dated 30.12.2014 (Annexure-18) and was thereafter repatriated back to his parent Department vide Notification dated 14.12.2016 w.e.f. 07.01.2017.
7. The petitioner No. 5 was deputed as Programme Coordinator, KVK North Vanalaiphai vide Notification dated 16.03.2015 w.e.f 01.04.2015 and was repatriated back to his parent Department vide Notification dated 14.12.2016 (Annexure-23) w.e.f. 01.04.2017.
8. According to the petitioners, their deputation to KVK under Agriculture Department is not a Foreign Service and therefore, they are exempted from pension contribution and leave salary contribution in terms of O.M dated 23.01.2002 (Annexure-1), Notification dated 22.02.2011 (Annexure-6) and the Communication dated 10.06.2011 (Annexure-9). As such, any deduction/contribution made from/by them towards the pension and leave salary is liable to be refunded and the entire period of service rendered under KVK should be counted as qualifying service for all purpose. However, in view of the impugned decision taken in the meeting minutes dated 21.09.2011, the petitioners have been asked to bear their leave salary and pension contribution w.e.f. 01.01.2012 till the time of their repatriation to their respective parent Department. Aggrieved, the petitioners are before this Court.
9. Mr. A.R Malhotra, learned counsel for the petitioners by referring to the O.M dated 23.01.2002 submits tha
