JUDGMENT : Heard, Mr. Victor L. Ralte, the learned counsel for the petitioner and Ms. Mary L. Khiangte, the learned Government Advocate appearing for the State respondents. 2. Considering the grievance projected by the petitioner, the writ petition is taken up for disposal at the admission stage after hearing the learned counsels for the rival parties. 3. Facts of the case in brief is that the State Government in the Health & Family Welfare Department created various posts including the post of Psychiatric Nurse on co-terminus basis with the scheme for implementation of District Mental Health Programme vide Order dated 08.06.2001 (Annexure - 1). The scale of pay attached to the post of Psychiatric Nurse was Rs. 5,000 - Rs. 8,000/- per month. The petitioner, vide Office Order dated 01.11.2001 (Annexure - 3) was appointed as Psychiatric Nurse under the District Mental Health Programme, Aizawl District on co-terminus basis in the pay scale of Rs. 5,000 - Rs. 8,000/- per month. The petitioner joined the said post by submitting his joining report to the Director of Health & Family Welfare Department on 05.11.2001, which was received by the said authority on 06.11.2001. It may be mentioned that the State Government as communicated to the Director of Health Services by the Under Secretary to the Government of Mizoram, Health & Family Welfare Department took a decision to continue to maintain the posts created under the District Mental Health Programme even after the expiry of the Ninth Plan when the scheme is supposed to be discontinued. 4. The State Government thereafter framed the Mizoram Health & Family Welfare Department (Group ‘B’ Posts) Recruitment Rules, 2013 (Rules of 2013) for the post of Psychiatric Nurse. As per the Rules of 2013, the Pay Scale attached to the post is Rs. 9,300 – 34,800 + GP of Rs. 4,200/- and in PB 2. Recruitment to the post is 100% by way of direct recruitment and the educational qualification prescribed is B.Sc Nursing or GNM having Diploma in Psychiatric Nursing. 5. Against the one post of Psychiatric Nurse sanctioned under the Rules of 2013, the petitioner came to be absorbed vide Office Order dated 23.03.2015 (Annexure - 8) with retrospective effect from 01.03.2010. On his absorption, the petitioner was given Pay Scale in PB 2 Rs. 9,300 – 34,800 + 4,200 GP. 5. Against the one post of Psychiatric Nurse sanctioned under the Rules of 2013, the petitioner came to be absorbed vide Office Order dated 23.03.2015 (Annexure - 8) with retrospective effect from 01.03.2010. On his absorption, the petitioner was given Pay Scale in PB 2 Rs. 9,300 – 34,800 + 4,200 GP. The grievance of the petitioner is that he should be given the Grade Pay of Rs. 4,600/- as given to the incumbents holding the post of Sister, Tutor, Clinical Instructor, PHM Officer etc. as the educational qualification prescribed by the relevant Rules is also B.Sc Nursing similar to the requirement for the post of Psychiatric Nurse. 6. Mr. Victor L. Ralte, the learned counsel has drawn the attention of this Court to the Recruitment Rules framed for the post of Tutor/Clinical Instructor and Staff Nurse, which are appended to the writ petition as Annexure 9 & 10 respectively. The learned counsel submits that the educational qualification for the post of Tutor/Clinical Instructor is B.Sc Nursing and the Pay Band and Grade Pay attached to the post is Rs. 9,300 – 34,800 + 4600 GP. He therefore submits that the petitioner is also entitled to be given a similar Grade Pay. Referring to the Recruitment Rules for the post of Staff Nurse, the learned counsel submits that the educational qualification prescribed is a Certificate in General Nursing and Mid-wifery compared to the prescription of B.Sc Nursing for the post of Psychiatric Nurse. However, the Pay Scale attached to the post of Staff Nurse is PB 1 Rs. 9,300 – 34,800 + 4,400 GP compared to the Grade Pay of Rs. 4,200/- given to the petitioner. The learned counsel submits that considering the legitimate grievance made by the petitioner through his representations to the Director on 19.11.2015 (Annexure - 11) and 05.12.2015 (Annexure - 12). The matter was process by the Department to some extent but however, the representation of the petitioner was rejected on the ground that no stark anomaly was found and besides the Government was confronted with the implementation of the 7th Central Pay Recommendations and any proposal for pay up-gradation could not be considered at that stage. The decision of the Department was conveyed to the Director, Hospital & Medical Education by the Under Secretary to the Government of Mizoram, Health & Family Welfare Department vide Communication dated 12.06.2017 (Annexure - 16). 7. The decision of the Department was conveyed to the Director, Hospital & Medical Education by the Under Secretary to the Government of Mizoram, Health & Family Welfare Department vide Communication dated 12.06.2017 (Annexure - 16). 7. The petitioner however submitted a representation before the Chairman of the Committee on 7th Revision of Pay on 20.11.2017 (Annexure - 17) requesting for up-gradation of his pay as a Psychiatric Nurse from Rs. 4,200/- GP to Rs. 4,600/-. Alternatively, the petitioner represented that if his Grade Pay could not be enhanced as prayed for, the same should be at least enhanced to Rs. 4,400/-. The 7th Central Revision of Pay came to be implemented by framing of The Seventh Central Revision of Pay (as modified and extended to the employees under the Government of Mizoram) Rules, 2018 vide Notification dated 16.08.2018 (Annexure - 18). However, the Grade Pay of Psychiatric Nurse remained at Rs. 4,200/- without any change. Aggrieved thus, the petitioner is before this Court. 8. Mr. Victor L. Ralte, the learned counsel submits that grave injustice has been caused to the petitioner inasmuch as the parity of pay has not been maintained amongst those having similar qualification such as Tutors/Clinical Instructors, who are given the Grade Pay of Rs. 4,600/- compared to the Grade Pay of Rs. 4,200/- given to the petitioner as Psychiatric Nurse. Even Staff Nurses, whose educational qualification as per the Recruitment Rules is General Nursing and Mid-wifery are getting the Grade Pay of Rs. 4,400/-. Referring to the affidavit-in-opposition filed by the respondents, more particularly paragraph No. 13 of the affidavit, the learned counsel submits that the respondents themselves admit that the duties and responsibilities of a Psychiatric Nurse is equal and similar with that of a Staff Nurse irrespective of being a male or female Nurse. Under the circumstance, the learned counsel submits that the petitioner has a legitimate grievance and the situation demands appropriate direction from this Court. In support of his submission, the learned counsel relies upon the decision of this Court rendered in Raj Kumar Barman & Ors. Vs. State of Assam & Ors. reported in 2017 (2) GLT 1086 wherein, the ratio laid down by the Apex Court in State of Punjab and Another Vs. Surjit Singh and Others reported in (2009) 9 SCC 514 was relied upon. 9. Ms. Vs. State of Assam & Ors. reported in 2017 (2) GLT 1086 wherein, the ratio laid down by the Apex Court in State of Punjab and Another Vs. Surjit Singh and Others reported in (2009) 9 SCC 514 was relied upon. 9. Ms. Mary L. Khiangte, the learned Government Advocate appearing for the State respondents by referring to the affidavit-in-opposition of the respondents filed on 01.04.2019 on the other hand submits that the petitioner joined the post of Psychiatric Nurse knowing fully well that it was a temporary post created co-terminus with the funding under the Centrally Sponsored Scheme. The petitioner may have completed B.Sc Nursing but the fact remains that he applied for the post of Psychiatric Nurse carrying the Pay Scale of Rs. 5,000 – Rs. 8,000/- per month, which is corresponding to PB 2 plus 4,200/- GP as per the Mizoram ‘Revision of Pay’ Rules, 2010 (6th Pay). Besides this, the State respondents have taken necessary steps towards the absorption of the petitioner under the State Government against the post of Psychiatric Nurse created under the Rules of 2013. The petitioner has been absorbed to the said post with retrospective effect from 01.03.2010. She further submits that merely because incumbents holding two different posts have similar educational qualification but the same does not mean that they should be enjoying a similar Pay Scale. She submits that for example, in the case of a UDC and Assistant, the essential qualification for the two posts is a Bachelor Degree but however, the Pay Scale attached to the post of UDC directly recruited is PB 2 plus Rs. 4,200/- GP whereas, the pay scale attached to the post of Assistant is PB 2 plus Rs. 4,400/- GP. Therefore, the contention of the petitioner that since he has similar educational qualification with that of the incumbents holding the post of Tutor, Clinical Instructor etc., he too should be given similar Grade Pay cannot be accepted. She thus submits that under the circumstance, there is no merit in the writ petition and the same should be dismissed. 10. I have heard the submissions made by the learned counsels for the rival parties and I have perused the materials available on record. 11. She thus submits that under the circumstance, there is no merit in the writ petition and the same should be dismissed. 10. I have heard the submissions made by the learned counsels for the rival parties and I have perused the materials available on record. 11. As may be noticed, the issue to be considered as projected by the learned counsel for the petitioner is as to whether the Grade Pay attached to the post of Psychiatric Nurse warrants enhancement from Rs. 4,200 – Rs. 4,600/-. This Court in exercise of its power under Article 226 of the Constitution of India cannot play the role of an expert to determine what should be the Pay Scale or Grade Pay for a particular post. At the same time, it is noticed in the affidavit-in-opposition of the respondents that they have not denied that the duties and responsibilities attached to the post of Psychiatric Nurse is equal and similar with that of a Staff Nurse, irrespective of the incumbents being a male or female. It is also seen from the Recruitment Rules for the post of Tutor/Clinical Instructor annexed to the writ petition that the educational qualification prescribed is B.Sc Nursing from a recognized University and the Grade Pay attached to the post is Rs. 4,600/-. Likewise, in respect of a post of Staff Nurse, the educational qualification prescribed is General Nursing and Mid-wifery and the Grade Pay attached to the post is Rs. 4,400/-. Therefore, there appears to be some material, which requires a proper examination but by a competent authority. The ground for rejection of the representation of the petitioner that there is no stark anomaly or the State Government being confronted with the implementation of the 7th Central Pay cannot be construed as proper consideration of the grievance put forth by the petitioner. 12. As already indicated herein above, it is for the State to decide what would be the best and appropriate Pay Scale or Grade Pay that should be attached to a particular post. Therefore, upon noticing that the grievance put forth by the petitioner appears to be legitimate one, I am of the considered view that the ratio laid down by the Apex Court in Surjit Singh and Others (Supra) should also be applied in the present case as well. Operative portion of the said decision may be abstracted below:- “38. Therefore, upon noticing that the grievance put forth by the petitioner appears to be legitimate one, I am of the considered view that the ratio laid down by the Apex Court in Surjit Singh and Others (Supra) should also be applied in the present case as well. Operative portion of the said decision may be abstracted below:- “38. We, therefore, are of the opinion that the interest of justice would be subserved if the State is directed to examine the cases of the respondents herein by appointing an expert committee as to whether the principles of law laid down herein viz. As to whether the respondents satisfy the factors for invocation of the decision in Charanjit Singh in its entirety including the question of appointment in terms of the recruitment rules have been followed.” 13. In the result, an Expert Committee comprising of the following members is hereby constituted:- 1. The Secretary to the Government of Mizoram, Health & Family Welfare Department as the Convener and Chairman. 2. The Secretary to the Government of Mizoram, Finance Department or its representative. 3. The Secretary to the Government of Mizoram, DP & AR or its representative. 4. The Principal Director of Health & Family Welfare Department as the Member Secretary and 5. The Head of Department of Psychiatry, Civil Hospital, Aizawl, Mizoram. 14. The constituted Expert Committee shall examine the grievance put forth by the petitioner and arrive a decision as expeditiously as possible preferably within a period of 4 (four) months from the date of receipt of a certified copy of this Order. The decision so arrived at should be communicated to the petitioner and if the petitioner is still aggrieved, he will be at liberty to approach this Court again. 15. The writ petitioner shall submit a copy of the writ petition along with a certified copy of this Order before the Secretary to the Government of Mizoram, Health & Family Welfare Department for consideration by the Expert Committee as directed herein above. 16. With the above observation and direction, the writ petition stands disposed of.