(MAJ) MARX CHAND LENIN Vs. MIZORAM UNIVERSITY

JUDGEMENT

(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 22/9/2006 and given the rank of Captain. Thereafter, he was promoted to the rank of Major w.e.f. 22/9/2008. 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 dtd. 20/11/2013 in PB-3 of Rs.15,600.0039,100+5400 Grade Pay plus other allowances as admissible w.e.f. 8/11/2013(F/N). According to the petitioner, the grade pay enjoyed by him while serving in the Army was Rs.6,600.00 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.15600.0039100+5400 GP to Rs.24,150.00 (Rs.18750.00+5400) by granting him 5 (five) advance increments as on 8/11/2013 (F/N). The same was communicated to the petitioner vide Letter dtd. 30/1/2017. 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.6,600.00.

(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.6,600.00 in PB-3, he is entitled to be given the GP of Rs.7,600.00 in PB-3 upon completion of 5 (five) years in GP of Rs.6,600.00 in PB-3 including service rendered in the pre-revised scale of Rs.10000.0015200. 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 dt. 12/8/2015 (Annexure-10). Therefore, the petitioner submitted his representation before the Vice Chancellor of the University on 5/9/2017 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.