JUDGMENT :

A.D. Choudhury, J.

1. Heard Mr. A.R. Malhotra, learned counsel for the petitioners, Mr. Lalruatpuia Sailo, learned counsel for respondent Nos. 1 & 2 and Mrs. H. Lalmalsawmi, learned Government Advocate for respondent No. 3.

As agreed to by the learned counsel for the parties, both the writ petitions are taken up together for final disposal as the ground of challenge made in these writ petitions are similar and arises out of the same cause of action.

2. The challenges:

I. Writ Petition (C) No.:10/2022: The Writ Petition under Article 226 of the Constitution of India is filed challenging the amendment made to Mizoram Khadi & Village Industries Board Employees (Pension) Regulations, 2002, more particularly, the Regulation 4 (2) (4) (iii) and (iv) of the Mizoram Khadi & Village Industries Board Employees (Pension) (Amendment) Regulation, 2019 being violative of Articles 14 and 16 of the Constitution of India.

II. Writ Petition (C) No. 11/2022: The Writ Petition under Article 226 of the Constitution of India is filed challenging the amendment made to Mizoram Khadi & Village Industries Board Employees (Pension) Regulations, 2002, more particularly, the Regulation 4 (2) (5) (i) of the Mizoram Khadi & Village Industries Board Employees (Pension) (Amendment) Regulation, 2019 being violative of Articles 14 and 16 of the Constitution of India.

3. The case of the petitioners:-

I. Writ Petition (C) No. 10/2022: The spouses/father of the petitioners, ten in numbers, were serving under Mizoram Khadi & Village Industries Board (for short KVIB) under different capacities and after their death, the petitioners were getting family pension in terms of Mizoram Khadi & Village Industries Board Employees (Pension) Regulation, 2002 (in Short Regulation 2002). The said Regulation 2002 was amended by an enactment namely Mizoram Khadi & Village Industries Board Employees (Pension) (Amendment) Regulation, 2019 (in Short Amended Regulation 2019) and by amending Regulation 4 (2) (4) (iii) and (iv) of the Amended Regulation 2019, their vested and concluded right to get regular family pension has been withdrawn resulting in the infringement of their right under Articles 14 and 16 of the Constitution of India.

II. Writ Petition (C) No. 11/2022: The petitioners seven in numbers were serving under Mizoram Khadi & Village Industries Board (for short KVIB) under different capacities and superannuated from service and were getting monthly pension in terms of Mizoram Khadi & Village Industries Board Employees (Pension) Regulation, 2002 (in Short Regulation 2002) and by amending Regulation 4 (2) (5) (i) of the Amended Regulation 2019, their vested and concluded right to get regular pension has been withdrawn thereby infringing their right under Articles 14 and 16 of the Constitution of India.

4. Argument advanced by the learned counsel for the petitioners:-

Mr. A. R. Malhotra, learned counsel for the petitioners while assailing the offending amendment raises the following arguments:-

I. The petitioners being retired employees/dependant of the deceased employees of KVIB were entitled for pension and pensionary benefits in terms of the Regulation 2002, and accordingly, they are having vested and concluded right to get the pension/family pension and they continued to receive such pension in terms of Regulation 2002.

II. By way of the amendment, such vested and concluded right are sought to be taken away in a manner which is not permissible under law inasmuch as vested and concluded right granted under service regulation/pension rules cannot be given retrospective operation, when such amendment is having the effect of taking away the vested and concluded right of petitioners. In support of such contention, Mr. Malhotra, learned counsel relies upon the decision of the Hon’ble Apex Court rendered in Punjab State Co-operative Agricultural Development Bank Limited -Vs-Registrar of Co-operative Societies and Another reported in (2022) 4 SCC 363.

5. Arguments advanced on behalf