(Maj) Marx Chand Lenin, Medical Officer, Mizoram University v. Mizoram University R/b its Vice Chancellor
2022-09-06
NELSON SAILO
body2022
DigiLaw.ai
ORDER : 1. Heard Mr. Aldrin Lallawmzuala, learned counsel for the petitioner and also Mr. A.R. Malhotra, learned Standing Counsel, Mizoram University (MZU) appearing for the respondents. 2. Brief facts of the case is that the petitioner after having successfully completed MBBS, he joined the Army Medical Corps and was commissioned on 22.09.2006 and given the rank of Captain. Thereafter, he was promoted to the rank of Major w.e.f. 22.09.2008. Being a Short Service Commission Officer, the petitioner, after obtaining No-Objection Certificate (NOC) from the 166 Military Hospital where he was stationed, applied for the post of Medical Officer (SC) under the Mizoram University. His application was accepted and on the recommendation of the Selection Committee and with the approval of the Executive Council, the petitioner was appointed to the Mizoram University as Medical Officer (SC) vide Order dated 20.11.2013 in PB-3 of Rs. 15,600-39,100+5400 Grade Pay plus other allowances as admissible w.e.f. 08.11.2013(F/N). According to the petitioner, the grade pay enjoyed by him while serving in the Army was Rs. 6,600/- and since he was given a lower grade pay under the Mizoram University, he approached the University authorities for rectification of his grade pay at par with what he was given while serving in the Army. The respondent University then re-fixed his pay from PB-3 Rs. 15600-39100+5400 GP to Rs. 24,150 (Rs. 18750+5400) by granting him 5 (five) advance increments as on 08.11.2013 (F/N). The same was communicated to the petitioner vide Letter dated 30.01.2017. Even after such re-fixation according to the petitioner, he has still not been given the pay equivalent to his earlier service in the Army i.e. in the GP of Rs. 6,600/-. 3. The further claim of the petitioner is that he is entitled to be given the benefit of Dynamic Assured Career Progression Scheme (DACP Scheme) by which, taking the last grade pay drawn by him in the Army i.e. Rs. 6,600/- in PB-3, he is entitled to be given the GP of Rs. 7,600/- in PB-3 upon completion of 5 (five) years in GP of Rs. 6,600/- in PB-3 including service rendered in the pre-revised scale of Rs. 10000-15200. Further, the entitlement of the petitioner to similar grade pay as that in the Army against the new post under the Mizoram University has been clarified by the Adjutant General’s Branch, Integrated Headquarters of Ministry of Defence (Army), vide Communication dated 12.08.2015 (Annexure-10).
6,600/- in PB-3 including service rendered in the pre-revised scale of Rs. 10000-15200. Further, the entitlement of the petitioner to similar grade pay as that in the Army against the new post under the Mizoram University has been clarified by the Adjutant General’s Branch, Integrated Headquarters of Ministry of Defence (Army), vide Communication dated 12.08.2015 (Annexure-10). Therefore, the petitioner submitted his representation before the Vice Chancellor of the University on 05.09.2017 requesting that his grade pay be upgraded at par with his earlier service in the Army Medical Corps and also grant him the benefit of availing the DACP Scheme. The same having not been considered the petitioner has filed the instant writ petition. 4. Mr. Aldrin Lallawmzuala, learned counsel submits that it is clear from the rectification issued by the Army Headquarters that the petitioner’s service rendered under the Army Medical Corps has to be counted for all purpose upon joining a new post in the same grade under the Mizoram University and that the benefit of similar grade pay cannot be denied to him. Further, in view of the DACP Scheme, the petitioner is also entitled to be placed in the GP of Rs. 7600 in PB-3. The learned counsel has also drawn the attention of this Court to FR 22(I)(a)(2). He, therefore, submits that the respondent authorities be directed to grant the petitioner the benefit of up-gradation of his grade pay at par with a grade pay given to him while serving in the Army Medical Corps, and also to grant him further advancement in the grade pay as per the DACP Scheme. 5. Mr. A.R. Malhotra, learned Standing Counsel, Mizoram University, on the other hand, submits that the pay of the petitioner in fact has already been re-fixed as conveyed to him vide Letter dated 30.01.2017. He submits that the petitioner has been granted 5 (five) increments as on 08.11.2013 (F/N) and therefore, the petitioner cannot have any legitimate grievance on the fixation of his pay. He, therefore, submits that the petition should be dismissed. 6. As can be seen, the grievance of the petitioner is that he should be given a GP of Rs. 6,600/- as was given to him while serving in the Army Medical Corps.
He, therefore, submits that the petition should be dismissed. 6. As can be seen, the grievance of the petitioner is that he should be given a GP of Rs. 6,600/- as was given to him while serving in the Army Medical Corps. The fixation of pay of the petitioner, vide Order dated 20.01.2016 (Annexure-14) would go to show that the PB+GP of the petitioner has been fixed as PB-3 of Rs. 15,600-39,100+5,400 GP. The same order also indicates that the petitioner while serving in the Army Medical Corps was getting his salary in PB-3 of Rs. 15,600-39,100+6,600 GP which goes to show that there is decline in the grade pay given to the petitioner although, the order indicates that pay protection is extended to the petitioner. Likewise, as per the Communication dated 30.01.2017, the pay of the petitioner was re-fixed by granting him 5 (five) advance increments as on 08.11.2013 but even after such re-fixation, there is no change in the grade pay. While such is the situation, what has drawn the attention of the Court is that the representation of the petitioner dated 05.09.2017 admittedly, has not been considered by the respondent authorities. Therefore, without entering into the merits of the case, Court is of the view that the respondent authorities should consider his grievances particularly in the light of DACP Scheme conveyed by the University Grants Commission (UGC) to all the Registrars of Central Universities and UGC maintained Deemed to be Universities on 03/09.06.2011, the Communication dated 12.08.2015 by the Integrated Headquarters of Ministry of Defence (Army) and the Communication dated 05.10.2015 of the Office of the Principal, Controller of Defence and Accounts verifying and confirming the Military service of the petitioner. Since the petitioner has not enclosed the relevant documents in his representation, he is given liberty to file a fresh representation incorporating all the documents in support of his claim. Let such representation be filed within a period of 3 (three) weeks from today. The respondent authorities upon receipt of the representation shall, within a period of 2 (two) months, consider and dispose of the same by way of a speaking and reasoned order, and communicate the same to the petitioner. 7. With the above observation and direction, the writ petition stands disposed of.