The impugned Office Memorandum did not comply with the mandatory legal requirements and the recovery sought from the petitioners for excess drawal of pay was not permissible in law.

Heard Mr. A.R. Malhotra, learned counsel for the petitioners and Mrs. H. Lalmalsawmi, learned Govt. Advocate who appears for all the respondents. The writ petitioners have filed the instant writ petition with the following prayer:-

“In the premises it is most humbly prayed that your Lordships may graciously be pleased to admit this petition, call for the records and issue rule calling upon the Respondents to show cause as to why the impugned Office Memorandum Memo No.G.12017/1/2011-FIN(PRU) dt.11/2/2014 (Annexure - 5) issued by the Respondent No.2 alongwith the impugned Letter No.A.19057/2/2014- CCA/ENT/GEN dt.19/7/2022 (Annexure – 10) issued by the Respondent No. 5 and the impugned action of the Respondents in directing the Petitioners to pay-back/recover the excess drawal of pay, if any, with effect from 1/1/2017 to 31/12/2021shall not be set aside and quashed and after hearing the parties be further pleased to make the rule absolute by setting aside the impugned Office Memorandum Memo No.G.12017/1/2011- FIN (PRU) dt.11/2/2014 (Annexure - 5) alongwith the impugned Letter No.A.19057/2/2014-CCA/ENT/GEN dt.19/7/2022 (Annexure - 10) and to pass any other order(s) as your Lordships' may deem fit and proper

AND

In the interim be further pleased to pass an order directing the Respondents not to initiate refund/recovery of the excess drawal of pay with effect from 1/1/2017 to 31/12/2021 from the Petitioners till final disposal of the writ petition.”

[2.] The petitioners are all working either as Associate Professors or Professors in different Government Colleges all over Mizoram under the Mizoram Higher & Technical Education Department, Govt. of Mizoram. It is the case of the petitioners that the Govt. of India in the Ministry of Finance vide Notification dated 29.08.2008 in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and Clause (5) of Article 148 of the Constitution after consultation with the Comptroller & Auditor General in relation to persons serving in the Indian Audit and Accounts Department notified the Central Civil Services (Revised Pay) Rules, 2008 (Revised Pay Rules of 2008) which came into force from 01.01.2006. Similarly, the Govt. of Mizoram in the Finance Department (Pay Research Unit) vide Notification dated 06.08.2010 notified the Mizoram (Revision of Pay) Rules, 2010 (ROP Rules of 2010). The notification was issued in exercise of the powers conferred by proviso to Article 309 read with Article 162 of the Constitution of India by the Governor of Mizoram. Clause 10 of the ROP Rules of 2010 provides for the date of next increment in the revised pay structure. It provides that there will be uniform date of annual increment namely, 1st July of every year. Clause 10 of the ROP Rules of 2010 may be abstracted hereunder:-

“10. Date of next increment in the revised pay structure

There will be a uniform date of annual increment, viz, 1st July of every year. Employees completing 6 months and above in the revised pay structure as on 1st of July will be eligible to be granted the increment.

Provided that in the case of persons who had been drawing maximum of the existing scale for more than a year as on the 1st day of January, 2006, the next increment in the revised pay structure shall be allowed on the 1st day of January, 2006. Thereafter, the provision of Rule 11 would apply

Provided also that for those employees whose date of next increment falls on 1.1.2006, the instructions already provided for granting an increment in the prerevised pay scale as on 1.1.2006 and then fixing their pay in the revised pay scales. Such Government servants would also get their next increment on 1.7.2006.

Provided further that in cases where an employee reaches the maximum of his pay band, shall be placed in the next higher pay band after one year of reaching such a maximum. At the time of placement in the higher pay band, benefit of one increment will be provided. Thereafter, he will continue to move i