High Court of MeghalayaThe Union Of India & Anr. vs . Bina Khongbuh & 4 Ors. on 29 November, 2021Bench:Sanjib Banerjee,W. DiengdohSerial No. 09\n     Regular List\n                          HIGH COURT OF MEGHALAYA\n                                 AT SHILLONG\nWP (C) No. 236/2020\n                                                       Date of Order: 29.11.2021\nThe Union of India & Anr.                Vs.            Bina Khongbuh & 4 Ors.\nCoram:\n          Hon'ble Mr. Justice Sanjib Banerjee, Chief Justice\n          Hon'ble Mr. Justice W. Diengdoh, Judge\n\nAppearance:\nFor the Petitioner/Appellant (s)    : Dr. N. Mozika, ASG with\n                                      Ms. T. Sutnga, Adv.\nFor the Respondent (s)              : Mr. UK Nair, Sr. Adv. withMs. S K Nongrum, Adv.The writ petition is directed against a judgment and order of March 15,\n\n   2019 passed by the Guwahati Bench of the Central Administrative Tribunal.The grievance of the writ petitioners is that the respondent employees\n\n   were appointed as Lecturers at the North Eastern Indira Gandhi Regional\n\n   Institute of Health and Medical Sciences (NEIGRIMHS) at Mawdiangdiang\n\n   in Shillong and, as such, the revision of pay as recommended by the Sixth\n\n   Central Pay Commission vide notification dated February 2, 2009 and\n\n   implemented in respect of Senior Lecturers would not apply to the post of\n\n   Lecturer occupied by the petitioners before the Tribunal.It is evident that the Union framed certain rules pertaining to Senior\n\n   Lecturers in the nursing course prior to the creation of the post of Lecturer at\n\n   the North Eastern Indira Gandhi Regional Institute of Health and Medical\n\n   Sciences (NEIGRIMHS). It also appears that the anomaly as in the present\n\n   case may also have been at the All India Institute of Medical Sciences\n\n   (AIIMS) in New Delhi and at the Rajkumari Amrit Kaur College of Nursing\n\n   also in New Delhi. By the judgment and order impugned, the Tribunal heldPage 1 of 3that the petitioners before such Tribunal were justified in seeking the same\n\ngrade pay as those in similar institutes like the All India Institute of Medical\n\nSciences (AIIMS), Rajkumari Amrit Kaur College of Nursing and Post\n\nGraduate Institute of Medical Education and Research (PGIMER),\n\nChandigarh.The Tribunal found that the second respondent institute had taken up\n\nthe issue with the Ministry of Health and Family Welfare in 2016 regarding\n\nthe change of nomenclature and grade of pay in respect of the faculty posts\n\nat the NEIGRIMHS.In a sense, the writ petitioners herein are precluded from challenging\n\nthe order inasmuch as, the immediate employer, NEIGRIMHS, had noticed\n\nthe anomaly and had required a clarification that would have led to the same\n\nbenefit as has been conferred by the Tribunal by the order impugned.Since the order impugned indicates adequate reasons and removes an\n\nanomaly pertaining to the functioning of the petitioners before the Tribunal\n\nand since the primary justification that is evident from the order impugned is\n\nthat persons discharging similar duties at similar institutes under the Ministry\n\nof Health and Family Welfare are accorded the benefits by the Sixth Central\n\nPay Commission, the order does not call for any interference.It is, however, submitted on behalf of the petitioners that in view of\n\nthe order impugned, certain amendments may be required to be introduced\n\nin the rules. The respondent employees deny that any amendment is\n\nnecessary. Since the scope of the petition is limited to the propriety of the\n\norder impugned, it will be open to the petitioners to introduce any\n\namendment that may be necessary in accordance with law.Page 2 of 3WP (C) No. 236 of 2020 is disposed of without interfering with the\n\n    judgment and order impugned dated March 15, 2019.There will be no order to costs.(W. Diengdoh)                                 (Sanjib Banerjee)\n               Judge                                       Chief Justice\n\n\nMeghalaya\n29.11.2021\n"Santosh, P.S."Page 3 of 3