Page No.# 1/4 GAHC040011492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/385/2024 Kutem Pertin Son of Late Tamaying Pertin, presently serving as Para Medical Assistant, Office of the District Medical Officer, Lower Dibang Valley District, Roing. VERSUS The State of AP and Anr represented by the Commissioner, Department of Health and Family Welfare, Govt of Arunachal Pradesh, Itanagar. 2:The Commissioner Age: 0 Occupation : Department of Finance Govt of Arunachal Pradesh Itanaga Advocate for the Petitioner : Tony Pertin, H K Jamoh,Eddie Payeng Advocate for the Respondent : Taba Tagum, GA (AP),SC(Health) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER Date : 06.04.2026 The instant petition under Article 226 of the Constitution of India has been filed with the following reliefs: “I. Issue a writ of mandamus directing the respondent authorities to upgrade the grade pay of the Para Medical Assistant [PMA] appropriately under the Department of Page No.# 2/4 Health & Family Welfare, Govt of Arunachal Pradesh. II. Hold that the petitioner is entitled to all the benefits covered by the pay- upgradation order No. MEST-2001/108 Dated 29.10.2014 i.e payment of arrear pay under the Grade Pay from 29.10.2014 [Annexure-4] onwards and notional fixation of the pay from 01.01.2006 as provided under the modification order no. MEST-2001/108 dated 06.07.2015 [Annexure-5]. III. Issue any such other appropriate writs or order or directions the Hon'ble Court may deem fit and proper in the interest of justice.” 2. As per the facts projected, the petitioner was appointed as a Health Assistant (Junior) on 07.03.1986 and was promoted from time to time. On 22.11.1999, he was promoted to the next higher post of Health Inspector and subsequently, on 17.05.2005, he was promoted to the post of Para Medical Assistant and the next higher post is the post of Community Health Officer (CHO). A decision was conveyed by the Department on 11.11.2014, whereby the pay scales of all posts were upgraded except the post of Para Medical Assistant, in which the petitioner is working. Such order was issued pursuant to a Cabinet decision dated 29.10.2014. 3. I have heard Shri T. Pertin, learned counsel for the petitioner. I have also heard Shri R. H. Nabam, learned Additional Advocate General, Arunachal Pradesh and Shri T. Tagum, learned Standing Counsel for the Health and Family Welfare Department. 4. Shri Pertin, learned counsel for the petitioner, has submitted that there is no dispute that the post of Para Medical Assistant is one of the cadre posts and the next promotional post is the post of Community Health Officer. He has submitted that it clearly appears that while considering the aspect of upgrading pay scales, the post of Para Medical Assistant was inadvertently left out. He has also submitted that this aspect has subsequently been admitted by the Department, which has also made communication. However, the Finance Department has raised an objection that due to paucity of funds, such upgradation cannot be made. He has submitted that the impugned approach would be in gross violation of the right to equality and fairness and would be hit by Article 14 of the Constitution of India. Page No.# 3/4 5. Shri Nabam, learned Additional Advocate General, who represents the Finance Department, has submitted that the proposal for upgrading the pay scale of the Para Medical Assistant was not sent to the Finance Department and therefore, there was no question of consideration of the same. He has, however, reiterated that the aspect of availability of funds would be a relevant consideration. 6. Shri Tagum, learned Standing Counsel for the Health Department, has submitted that though it is a fact that the order dated 11.11.2014 has upgraded the pay scales of all posts, the post of Para Medical Assistant appears to have been left out. He has submitted that appropriate directions may be issued for considering the upgradation of the pay scales of the post of Para Medical Assistant by the Finance Department. 7. The order dated 11.11.2014, which has been issued pursuant to the Cabinet decision dated 29.10.2014, would show that while the pay scales of all posts below and above the post of Para Medical Assistant in the Health Department have been upgraded, such upgradation has not been done so far as the post of Para Medical Assistant is concerned. There is no justifiable reason not to consider upgradation of the pay scales of the post of Paramedical Assistant, and the learned counsel for the petitioner has submitted that such omission appears to have been due to inadvertence. 8. This Court is of the view that an exercise for upgrading the pay scales of all posts cannot be undertaken by leaving out one post in between. Accordingly, the writ petition is disposed of by directing that necessary steps be taken for consideration of upgradation of the pay scales of the post of Para Medical Assistant. As suggested by Shri Tagum, learned Standing Counsel, let such proposal be initiated initially by the Director of Health and Family Welfare, who would accordingly send the same to the Finance Department for due consideration. The entire exercise of consideration shall be done expeditiously and completed preferably within a period of 90 (Ninety) days from the date of receipt of a certified copy of this order. 9. At this stage, Shri Pertin, learned counsel for the petitioner, has submitted that the petitioner would attain the age of superannuation on 31.05.2026. If the process is not completed before the date of retirement of the petitioner and the outcome of the process is Page No.# 4/4 in favour of upgrading the pay scales, all benefits would have to be given to the petitioner irrespective of the fact that he has retired in the meantime. Shri Nabam, learned Addl. A.G., at this stage, clarifies that the matter has to be considered by the Pay Anomaly Committee. This Court accordingly directs that the consideration be done by the appropriate Committee, whereafter the decision be taken. 10. The writ petition accordingly stands disposed of. JUDGE Comparing Assistant