IMPORTANT POINT
The court ruled that employees regularized after 01.09.2010 are governed by the Mizoram New Defined Contributory Pension Scheme, 2010, not the Central Civil Service (Pension) Rules, 1972.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. Victor L. Ralte, learned counsel, appearing on behalf of the petitioners. Also heard Mrs. Linda L. Fambawl, learned Addl. Advocate General, Mizoram, appearing on behalf of all the respondents.

2. In the writ petitions being WP(c)14/2017; WP(c)126/2015; WP(c)135/2015; WP(c)28/2016; WP(c)45/2016; WP(c)96/2016; WP(c)101/2016; WP(c)131/2016; WP(c)46/2017; WP(c)47/ 2017; WP(c)111/2017; WP(c)122/2017; WP(c)144/2017; WP(c)52/2018; WP(c)53/2018; and WP(c)18/2024; challenge being presented to the provisions of “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, the same were taken-up for hearing analogously.

3. The challenge as noticed hereinabove in the above-noted writ petitions, is for a declaration that the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, notified on 27.02.2015, to be ultra vires the Constitution of India . The petitioners have in the alternative prayed that, in the facts and circumstances as existing, the provisions of the “Mizoram New Defined Contributory Pension(First Amendment) Scheme, 2015”, be declared to be not applicable to them.

4. The petitioners in the above-noted writ petitions, were all engaged as contractual employees under various Departments of the Government of Mizoram. The cases of the petitioners in these writ petitions, were taken-up for consideration for regularization of their services in terms of the provisions of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, and orders regularizing their services came to be so issued after 01.09.2010.

5. For the purpose of adjudication of the issue arising in the present proceedings, the facts as involved in WP(c)52/2018, is being noted.

6. The petitioners in WP(c)52/2018, were engaged as Upper Division Clerks in the Public Works Department(PWD) on contractual basis on various dates in the year 2009. Thereafter, in terms of the “Government of Mizoram Regularization of Contract Employees Scheme, 2008”, the petitioners having fulfilled the requisite eligibility criteria as prescribed therein, for having their services regularized; the services of the petitioners No. 1 to 10, were regularized vide issuance of the order, dated 25.08.2014. Similarly, the services of the petitioners No. 11 & 12 were also regularized vide order, dated 05.11.2014, in terms of the said Scheme of 2008. Such regularization of the services of the petitioners, were contended to have been so effected on recommendations made in this connection by the Mizoram Public Service Commission(MPSC). In the order, dated 05.11.2014, issued towards regularizing the services of the petitioners No. 11 & 12, it was stipulated therein that the past service rendered as continuous contractual employees by them, shall be counted as qualifying service for the purpose of leave as admissible under the said Scheme of 2008. The said stipulation, however, is not found to have been so made in the order, dated 25.08.2014, regularizing the services of the petitioners No. 1 to 10. On regularization of their services, the petitioners were enrolled under the “Mizoram New Defined Contributory Pension Scheme, 2010”, and were allotted Permanent Retirement Account Number(PRAN).

7. The petitioners, being aggrieved, approached the respondent authorities praying for their inclusion in the Old Pension Scheme as earlier prevalent in terms of the provisions of Central Civil Service(Pension) Rules, 1972. It is contended by the petitioners that the “Mizoram New Defined Contributory Pension Scheme, 2010”, which had come into force w.e.f. 01.09.2010, had excluded persons employed on contract basis from its purview. However, the Finance Department, Government of Mizoram, vide Notification, dated 27.02.2012, had notified the inclusion of all Muster Roll/Contract/Ad-hoc/ Officiating/Casual Employees, etc.,