Smt. Lalrinchhani and Anr v. The State of Mizoram R/B Chief Secretary to the Govt. of Mizoram and 3 Ors

ORDER B E F O R E HON'BLE MR. JUSTICE NELSON SAILO Page No.# 2/4

01.11.2024 Heard Ms. Valentina Laldinpuii, learned counsel for the petitioners and Ms. Lalnunhlui, learned Government Advocate for the State respondents. Having regard to the nature of the case projected by the petitioners and importantly the fact that it appears to be a covered case, the writ petition is taken up for disposal at the motion stage itself. [2.] It is the case of the petitioners that they were initially appointed as Staff Nurse in the Health and Family Welfare Dept., Govt. of Mizoram and subsequently appointed as Ward Superintendant in the Zoram Medical College. The details of the appointment and qualification of the petitioners which is provided under paragraph No. 2 of the writ petition in the form of the chart may be abstracted hereunder:- Sl. Name Qualification Date of Appointment As Staff Nurse Date of Regularization Lalrinchhani B. Sc (Nursing)

10.12.2014

04.10.2017 Lalthanpari Khiangte B. Sc (Nursing)

10.12.2014

04.10.2017

Sl. Name Qualification Date of Appointment As Ward Date of Regularization Page No.# 3/4 Superintendent Lalrinchhani B. Sc (Nursing)

30.05.2018 - Lalthanpari Khiangte B. Sc (Nursing)

30.05.2018 -

[3.] The petitioners contend that the qualification required to become Staff Nurse is GNM and for Ward Superintendant, B.Sc. Nursing, since they both possess the qualification of B.Sc. Nursing at the time of their initial recruitment to their respective post, they are entitled to receive appropriate increment in terms of FR 27(10) and O.M dated 15.01.2010. According to the petitioners, similarly situated persons had approached this Court through WP(C) No. 42/2024 (Lalhmingsangi Sailo & 52 Ors. vs. State of Mizoram & 3 Ors.) and this Court vide Order dated 08.08.2024 had disposed of the writ petition with a direction to the respondent authorities to examine and verify the claim of the petitioners therein and to grant them increments as entitled to them, within a period of 3 (three) months from the date of receipt of a certified copy of the order. [4.] Ms. Valentina Laldinpuii, learned counsel for the petitioners submits that as the instant petitioners are also similarly situated, a similar direction may be issued to the respondent authorities. [5.] Upon hearing the learned counsels and upon perusal of the materials Page No.# 4/4 available on record, it only appears that the instant case is a covered case and accordingly, the respondent authorities shall examine the claim of the petitioners in the light of FR 27(10) and the O.M dated 15.01.2010 and in the event, it is found that they are all having acquired Degree/Master Degree before their appointment in Zoram Medical College, as a Staff Nurse or Ward Superintendant, the benefit of the increment as laid down in the said provision be granted to them. The entire exercise be completed within a period of 3 (three) months from the date of receipt of a certified copy of this order. [6.] With the above observation and direction, the Writ Petition stands disposed of. [7.] The petitioners shall also submit a copy of the writ petition alongwith the annexures with a certified copy of this order to the respondents.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC030006682024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/111/2024 Smt. Lalrinchhani and Anr. D/o Ramherliana Sailo R/o N. Vanlaiphai, Mizoram. 2: Smt. Lalthanpari Khiangt VERSUS The State of Mizoram r/b Chief Secretary to the Govt. of Mizoram and 3 Ors. New Secretariat Complex, Aizawl. 2:The Secretary to the Govt. of Mizoram Health and Family Welfare Dept. 3:The Principal Director Health and Family Welfare Dept. Govt. of Mizoram 4:The Principal Secretary Finance Dept.(PRU) Govt. of Mizora Advocate for the Petitioner : Ms Valentina Laldinpuii Advocate for the Respondent : Addl. AG/GA, Mizoram for R1 - 4