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2023 Supreme(Gau) 1419

MICHAEL ZOTHANKHUMA, MARLI VANKUNG
State of Mizoram – Appellant
Versus
H. Zosiamliana – Respondent


Advocates Appeared:
For the Petitioners: Ms. Mary Lalruatkimi Khiangte.
For the Respondents: Ms. Dinari T. Azyu.

JUDGMENT :

(Michael Zothankhuma, J.)

Heard Mr. D. Das, learned senior counsel assisted by Mrs. Mary L. Khiangte, learned Government Advocate for the appellants. Also heard Mrs. Dinari T. Azyu, learned counsel appearing for all the respondents/writ petitioners.

2. The two writ appeals are being taken up together for disposal, as the issue to be decided is the same in both the writ appeals. WA No. 15/2021 is an appeal against the impugned Judgment dated 12.02.2021 passed by the learned Single Judge in WP(C) No. 166/2019, while WA No. 14/2021 is an appeal against the impugned Judgment dated 25.03.2021 passed by the learned Single Judge in WP(C) No. 37/2021.

3. The issue to be decided is whether the learned Single Judge was correct in holding that the respondents/writ petitioners, who retired/died from Government service between 01.01.2016 to 30.08.2018, could not be denied the benefit of the revision of gratuity and commutation of pension in terms of the 7th Revision of Pay Rules, 2018, hereinafter referred to as the 7th ROP Rules, which came into force on 01.01.2016.

4. The facts of the case in brief is that in exercise of the powers conferred by the proviso to Article 309 read with

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