R. LALAWMPUII Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel appearing for the petitioners and also heard Mr. B. Lalramenga, learned counsel appearing for the respondent No. 4 and Ms. Zairemsangpuii, learned CGC appearing for the respondent Nos. 1 to 3.

(2.) The pay and allowances of the regular employees of Regional Institute of Paramedical & Nursing Sciences (in short, RIPANS), an Autonomous Central Government undertaking at Aizawl were given the benefits of 7th Pay Revision of the Central Government Employees w.e.f. 01.01.2016 vide order dated 07.10.2017, issued by the Ministry of Health & Family Welfare, Government of India. Thereafter, the contract employees of the same Autonomous Institution were also given the benefits of 7th Pay Commission w.e.f. 11.04.2018 vide order dated 16.04.2018, issued by the respondent No. 4 in pursuance of approval of the Ministry of Health & Family Welfare, Government of India conveyed through a letter dated 11.04.2018. Being aggrieved by the fact that the benefits of the 7th Pay Commission was granted to them on a different date latter than the date on which the regular employees of the same Institution were given they have come before this Court challenging the letter dated 11.04.2018 in which approval of the Ministry of Health & Family Welfare to extend the benefits of the 7th Central Pay Commission to the contract employees of RIPANS was conveyed and the order dated 16.04.2018, issued by the respondent No.4 extending the benefit with effect from 11.04.2018 and the letter dated 03.08.2018 of the Ministry of Health & Family Welfare clarifying that the effective date of the implementation of the 7th Pay Commission in respect of the petitioners/contract employees would be from the date the approval was given and the order dated 07.08.2018, which is consequential order issued after receiving the letter of clarification of the Ministry of Health & Family Welfare.

(3.) The facts and circumstances which led to the filing of the petition as submitted by Mr. A.R. Malhotra, learned counsel of the petitioners are as follows; The petitioners are contract employees of RIPAN working in different capacities and serving the Institution since their appointment. They were appointed for smooth running of the Institution with Basic Pay + Grade Pay + 50% of D.A. In the year 2016, the pay and allowances of the regular employees of RIPAN were revised as per the recommendation of the Central Pay Commission w.e.f. 01.01.2016 vide order dated 07.10.2017. Being aggrieved by the fact that their pay and allowances have not been revised as in the case of regular employees, the petitioners submitted a representation dated 07.12.2017 to the respondent No. 4 and the respondent No. 4 after considering the contents of the representation wrote a letter dated 12.12.2017, to the Joint Secretary, Ministry of Health & Family Welfare requesting him to consider the request of the petitioners. In response to the request made in the letter, the Government of India, Ministry of Health & Family Welfare (NE Section) agreed to extend the benefits of the Central Pay Commission to contract employees of RIPANS and vide letter No. U-12026/01/2018-NE, dated 11.04.2018, the same was conveyed to the respondent No. 4. Pursuant thereto, the respondent No. 4 issued the office order dated 16.04.2018, No. A.26023/1/2012-RIPANS granting the benefits of 7th Pay Commission w.e.f. 11.04.2018.