LALRUATPUII HLAWNMUAL Vs. STATE OF MIZORAM REPRESENTED BY CHIEF SECRETARY TO GOVT OF MIZORAM, AIZAWL
HIGH COURT OF GAUHATI
State Of Mizoram Represented By Chief Secretary To Govt Of Mizoram, Aizawl
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Michael Zothankhuma, J. -
(1.) Heard Mr. A.R. Malhotra, learned counsel for the petitioners. Also heard Mrs. Linda L. Fambawl, learned Govt. Advocate for the respondent Nos. 1 to 4 and Mr. Zochhuana, learned counsel for the respondent No. 6. No one appears for the respondent Nos. 5 & 7.
(2.) The petitioners are aggrieved by the impugned Notification dated 24.08.2015, by which Rule 10 (1) & (3) of the Mizoram Health Service Rules, 2009, herein after referred to as the MHS Rules, 2009, has been relaxed to enable absorption of the respondent No. 6 to the Mizoram Health Service and the impugned Notification dated 01.09.2015, by which the respondent No. 6 has been absorbed to Grade I of the Mizoram Health Service under GDMO Sub- Cadre on permanent basis w.e.f. 11.05.2015.
(3.) The petitioners counsel submits that Mizoram Health Service Rules, 2009, does not have any provision for absorption of a person into the service from outside the service cadre and as such, even if Rule 10 (1) & (3) of the Mizoram Health Service Rules, 2009 has been relaxed, the absorption of the respondent No. 6 is dehors the Mizoram Health Service Rules, 2009. The petitioners counsel submits that the respondent No. 6 had initially been brought on deputation to the Government of Mizoram under the Health & Family Welfare Department from the "Employees State Insurance Corporation", Ministry of Labour & Employment, Government of India, vide Notification dated 10.05.2011, issued by the Under Secretary to the Government of Mizoram, Health & Family Welfare Department. The respondent No. 6 was accordingly posted at Civil Hospital, Aizawl, in the Pay Band of Rs. 15,600 39,100 + Grade Pay Rs. 6,600/- for a period of 3 (three) years.;
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