LALRUATPUII HLAWNMUAL Vs. STATE OF MIZORAM REPRESENTED BY CHIEF SECRETARY TO GOVT OF MIZORAM, AIZAWL
LAWS(GAU)-2018-7-6
HIGH COURT OF GAUHATI
Decided on July 10,2018

Lalruatpuii Hlawnmual Appellant
VERSUS
State Of Mizoram Represented By Chief Secretary To Govt Of Mizoram, Aizawl Respondents

JUDGEMENT

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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