Sh. F. Malsawmtluanga and 40 Ors v. Mizoram Cooperative Apex Bank Ltd. and Anr

ORDER Date : 21.08.2023 BEFORE HONOURABLE MRS. JUSTICE MARLI VANKUNG Heard Mr. Joseph L. Renthlei, learned counsel for the petitioners, who has filed the present petition under Article 226 of the Constitution of India for issuance of the appropriate writ against the respondents being aggrieved by the pay given to them by the respondents. The case of the petitioners is that their pay was wrongly fixed during the Page No.# 7/8 implementation of the 6th Pay and that the wrong pay fixation during the 6th Pay has directly affected their pay after the implementation of the 7th Pay. They submit that they are entitled to have their pay corrected as per the Mizoram (Revision of Pay) Rules, 2010. The learned counsel also submits that with regards to their grievances, they had filed a representation to the Chairman, Mizoram Cooperative Apex Bank Limited, Head Office, Mizoram and to the Chief Executive Officer, Mizoram Cooperative Apex Bank Limited, Head Office, Mizoram dated 15.09.2022, which is a joined representation claiming for correction of pay and payment of arrear along with interest incurred thereof at the rate/skill in consonance with the relevant Mizoram (Revision of Pay) Rules, 2010 with retrospective effect. The learned counsel submits that till date, the petitioners have not received any response to the representation filed by them on 15.09.2022 and submits that at this stage, the writ petition can be disposed of with a direction to the respondents to respond to the representation filed by them on 15.09.2022 and that the petitioners may be also allowed to submit the copy of the writ petition for the consideration of the respondents. Issue notice to the respondents. Mr. S. Vanlalhriata, learned counsel for the respondent Nos. 1 & 2 accepts notice on their behalf. Considering the limited prayer made by the learned counsel for the petitioners, the learned counsel for respondent Nos. 1 & 2 has not objected to Page No.# 8/8 the disposal of the writ petition, with a direction that the respondents' response to the letter dated 15.09.2022. In view of the submissions made by the learned counsels for both the parties, this Court finds it fit to issue direction to the respondents to response to the letter dated 15.09.2022, addressed to the Chairman, Mizoram Cooperative Apex Bank Limited, Head Office, Mizoram and to the Chief Executive Officer, Mizoram Cooperative Apex Bank Limited, Head Office, Mizoram, which is a joined representation claiming for correction of pay and payment of arrear along with interest incurred thereof. Any additional documents found appropriate for reference may also be submitted by the petitioners to the respondents. The representation of the petitioners is to be considered and disposed of within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. Accordingly, WP(C) No. 102/2023 stands disposed of with the above directions.

JUDGE Comparing Assistant

Page No.# 1/8 GAHC030004372023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/102/2023 Sh. F. Malsawmtluanga and 40 Ors. S/o Sh. Vanlalruala R/o Tuithiang Veng, Aizawl, Mizoram 2: Sh. Lalnunmawia S/o Sh. B. Kapzuava (L) R/o Chawnpui Veng 3: Smt. Lalbiaknii Ralte Kawlni D/o Sh. R. Lalhmelmawia R/o Zotlang Lunglei 4: Smt. C. Zomawii D/o Sh. Lalchawimawia R/o Durtlang 5: Sh. H. Pa-aw S/o Sh. H. Khailua R/o Saiha Vengpui 6: Sh. Lalrohlua Hrahsel S/o Sh. H. Lalchamliana R/o Bazar Veng Mamit 7: Smt. Lalparmawii D/o Sh. Lalrinmawia Chhakchhuak (L) R/o Chawlhhmun Page No.# 2/8 8: Smt. F. Zorammawii D/o Sh. F. Vanlalchhuanga(L) R/o Electric Veng 9: Smt. Lalhminghlui D/o Sh. Mangchuha (L) R/o Bawngkawn 10: Smt. T. Lalhmangaihzuali D/o Sh. Vanlalnghaka (L) R/o Lunglei Venglai Lunglei 11: Sh. Alan Lalnunpuia S/o Smt. Malsawmtluangi (L) R/o Thakthing Veng 12: Sh. Rohmingthanga Sailo S/o Dr. Saikunga R/o Chanmari 13: Sh. Lalvuana S/o Sh. Malsawma (L) R/o Tuikual South 14: Sh. T. Kaivunga S/o Sh. Thantuma (L) R/o Rahsi Veng Lunglei 15: Sh. Vanlalhriatpuia S/o Sh. H.C. Chawngzidinga R/o Ramhlun Vengthar Page No.# 3/8 16: Smt. C. Vanlalsawmi D/o Sh. C. Challianngenga R/o Mission Vengthlang 17: Sh. Anthony Laldintluanga S/o Sh. Robert Lalthlamuana R/o Model Veng 18: Sh. Sammy K. Laltlanchhuanga S/o Sh. K.L. Liannghaka R/o Ramthar Veng 19: Sh. Rosangluaia S/o Sh. Ropiangliana R/o Nursery Veng 20: Sh. Lalngengpuia S/o Sh. R. Vanlalvena R/o Tuikual North 21: Smt. Lalhriatpuii D/o Sh. Rosiamliana R/o Thingsulthliah Hospital Area 22: Sh. K. Lalnunmawia S/o Sh. V.L. Ruala R/o kawn Veng Durtlang 23: Sh. Lalsawmliana S/o Sh. Sanghlira Page No.# 4/8 R/o Laiputlang 24: Sh. Zirtluangzela S/o Sh. B. Rokima R/o Tuikhuah Veng Serchhip 25: Smt. Lalnunpuii D/o Sh. R. Chopra R/o Ramhlun South 26: Sh. Lalramnghaka S/o Sh. Vanlalthuama (L) R/o Upper Kolasib Kolasib Vengthar 27: Sh. J.L. Hmingchhuanga S/o Sh. Lalsangpuia Pachuau R/o Bethlehem Vengthlang 28: Smt. Lalnunhlui Sailo D/o Sh. Laldawngliana Sailo R/o Venghlun Zemabawk North 29: Smt. Zosangzuali D/o Sh. Lalmakthanga (L) R/o Dinthar-I 30: Smt. Melody Hmingsangpuii D/o Sh. D.K. Lalmalsawma R/o New Capital Complex Khatla Page No.# 5/8 31: Smt. Miriam Laltlanmawii D/o Sh. H. Laltiama R/o Aizawl Venglai 32: Smt. R. Lalhmachhuani D/o Sh. R. Lalnithanga R/o Hunthar Veng Miozram 33: Smt. Lalbiaknii D/o Sh. Rohmingliana R/o Ramhlun South 34: Sh. Lalbiakdika S/o Sh. V.P. Vuana R/o Ramhlun Venglai 35: Sh. R. Lalremsanga S/o Sh. R. Thanghlira (L) R/o Ramthar Veng Durtlang 36: Sh. Kawlthanmawia S/o Sh. Vansanga R/o Mission Vengthlang 37: Sh. Lalchhuanawma S/o Venglai Kolasib 38: Sh. V.L. Pianmawia S/o Sh. Zokhuma R/o Muanna Veng 39: Smt. Flora Zosangi Page No.# 6/8 S/o Sh. S. Lalzawmliana R/o Chaltlang Dawrkawn 40: Sh. C. Lalhriatzuala S/o Sh. Self Daniela R/o Dinthar-II 41: Sh. Lalsiamthara S/o Sh. Zothanmawia R/o Ramthar Veng Mizora VERSUS Mizoram Cooperative Apex Bank Ltd. and Anr. R/b the Chairman, Mizoram Cooperative Apex Bank Ltd., Head Office, Mizoram 2:The Chief Executive Officer Mizoram Cooperative Apex Bank Ltd. Head Office Mizora Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Mr. S. Vanlalhriata for R1 & 2