The Government of India accepted the Fourth Central Pay Commission Report regarding revision of pay scales for Group A, B, C, D E posts in the Central Civil Services w.e.f.
The numberification further excluded engineering officers of the rank of Executive Engineer and Superintending Engineer from the benefits of the numberification dated 19th January, 1989.
G.12011/3/87F.Est dated 19th January, 1989.
On the recommendation of the said Departmental Pay Committee, the Government of India revised the scales of pay and allowances for the employees of the State of Mizoram w.e.f.
The second prayer was with respect to the Chief Engineers and Additional Chief Engineers seeking directions that they should get the companyversion scale of pay of Rs.5900 6700 and Rs.4500 5700 respectively instead of the revised scales of pay prescribed for them by the State Government.
The learned Single Judge had allowed a writ petition filed by respondent herein challenging a numberification No.
This numberification was challenged by the respondent Association by filing a Writ Petition in the Gauhati High Court.
Subsequent entrants to the service were number to be given that scale.
1.1.1986.
The scale of Rs.5900 6700 for the Chief Engineer and Rs.4500 5700 for Additional Chief Engineer demanded by the respondent Association was as per the recommendations of the 4th Central Pay Commission and was the same as was being allowed to incumbents holding equivalent posts in the Central Public Works Department.
The learned Single judge allowed the Writ Petition granting both the prayers of the Writ Petitioner.
There were numberRecruitment Rules for the service.
In 1974 when the State was a Union Territory, the Government of India companystituted a Departmental Pay Committee to suggest scales of pay and allowances for employees of Mizoram on the pattern of Central Government employees vide Ministry of Home Affairs letter No.1.3.1973.MP dated 4th November, 1974.
G.12011/3/87 F.Est dated 3rd February, 1989 whereby certain categories of engineers in the State Engineering Service had been excluded for purposes of revision of pay scales accepted by the State vide Notification No.
The Government of India accepted the Rules.
In this companynection following points have been raised The base year for purposes of revision of pay scales of Chief Engineer and Additional Chief Engineer should be taken as 1973 and number 1983 even though the revision was being taken into companysideration w.e.f.
The appeal against the judgment of the learned Single Judge was dismissed by the Division Bench.
The background is that prior to 1971 what is number known as the State of Mizoram was a district called the Lushai Hills District within the State of Assam.
The recommendations of the Anomalies Committee created further anomalies rather than resolving them.
Engineering Service in the State of Mizoram was number an organized service.
In the Writ Petition the first prayer was with regard to quashing the numberification dated 3rd February, 1989 which excluded the Executive Engineers and the Superintending Engineers from getting the benefit of revised pay scales under the numberification of the State Government dated 19th January, 1989.
1.1.1986 and they were made applicable to the employees forming part of the civil services in Mizoram.
By the Impugned judgment the Division Bench dismissed the appeal against the judgment dated 17th May, 1996 passed by the learned Single Judge.
The schedule annexed to the Rules refers to present scales and revised scales of pay.
At that time Mizoram was a Union Territory.
The Mizoram Engineering Service Association respondent has been demanding higher pay scales for its members.
It attained full state hood on 20th February, 1987.
Per letter dated 13th January,1989 from Secretary, PWD to Director Accounts Treasury, Mizoram .
1.1.1973.
In 1987 an Anomalies Committee was appointed to look into the alleged anomalies and make suitable recommendations.
The Central Civil Services Revised Pay Rules, 1986 came into force w.e.f.
The challenge in the appeal is mainly directed against the scale of pay granted to the Chief Engineers and Additional Chief Engineers i.e. Rs.5900 6700 and Rs.4500 5700 respectively.
Certain representations were made on behalf of employees for removal of anomalies resulting from the Fourth Central Pay Commission Report.
The present appeal is directed against the said judgment of the Division Bench.
Apart from this the Central Civil Services Revised Pay Amendment Rules, 1987 also take the year 1983 as the base year.
Soon thereafter the State Government issued another numberification dated 3rd February, 1989 the impugned numberification to the effect that the scales of pay for Group A officers as mentioned in paras 28 of Schedule A and Schedule B did number include pay scales for MCS officers MPS officers whose pay scales were governed by their respective service rules.
On 7th November, 1988 another Anomalies Committee was appointed.
The report of the Anomalies Committee was accepted by the Government of the State of Mizoram.
G 12011/3/87F.Est.
These rules came into force on 1st January, 1986.
The scales of pay for Engineers working in the Mizoram State were revised w.e.f.
So far as the question as to which base year should be taken into companysideration for purposes of revision of pay i.e. 1973 or 1983, we may recall that Mizoram became a Union Territory in the year 1973.
From 1971 to 1986 Mizoram was a Union Territory under the North Eastern Areas Reorganisation Act, 1971.
At the outset we may numbere that the learned companynsel for the appellant has number seriously challenged the impugned judgment so far as it grants relief to the Executive Engineers and Superintending Engineers by quashing the Notification dated 3rd February, 1989.
It was vehemently argued that scale of Rs.5900 6700 was being allowed by the Government of India for senior level posts in the companyresponding cadres.
The present scales mean the scales which were in force at that time.
We have heard the learned companynsel for the parties at length.
dated 19th January, 1989 accepting the recommendations was issued.
This decision was also implemented.
On a demand made by Superintending and Executive Engineers of the respondent Association for equalizing their respective scales of pay with their companynterparts in the Central Public Works Department, the Government of India vide letter dated 16.10.1983 intimated to the Secretary to the Mizoram Administration, Public Works Department companyveying the sanction of President of India for revision of pay scales of the Engineers Group A posts in tune with the pay scales enjoyed by the engineers in the CPWD.
The recommendations of the Fourth Central Pay Commission accepted by the Government of India became applicable for the civil services in Mizoram also.
These recommendations take 1983 as the base year for the purpose of revision of pay scales.
The next crucial event in this companynection is the recommendations of the Fourth Central Pay Commission which were accepted by the State of Mizoram as well.
1.1.1986 as per the Fourth Central Pay Commission Report which had been accepted by the State Government.
ARUN KUMAR, J. This appeal is directed against the judgment dated 28th February, 1997 passed by a Division Bench of the Gauhati High Court.
