Page No.# 1/4 GAHC030000852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/17/2025 Smt. Emmanuelle Lalthazuali and Anr. D/o Maj. Lalrinliana R/o Saron Veng, Aizawl, Mizoram VERSUS The State of Mizoram r/b Chief Secretary to the Govt. of Mizoram and 3 Ors. New Secretariat Complex, Aizawl. 2:The Secretary to the Govt. of Mizoram Home Dept. Aizawl Mizoram. 3:The Secretary Finance Dept (PRU) Govt. of Mizoram Aizawl. 4:The Commandant General Mizoram Home Guards and Civil Defence Govt. of Mizoram Aizawl Advocate for the Petitioner : Ms Valentina Laldinpuii Advocate for the Respondent : Addl. AG/GA, Mizoram Page No.# 2/4 ORDER B E F O R E HON’BLE MR. JUSTICE NELSON SAILO 21.02.2025 Heard Ms. Valentina Laldinpuii, learned counsel for the petitioners and Ms. Vanneihsiami, learned Govt. Advocate for the respondents. Having regard to the nature of claim made by the petitioners, the writ petition is taken up for disposal at the motion stage itself. [2.] It is the case of the petitioners that they have obtain the qualification of B.Sc Nursing from the Mizoram University prior to their appointment as Staff Nurse on 23.06.2014 and 27.10.2021 respectively under the Mizoram Home Guards. Subsequently, they were regularized in service w.e.f. 12.06.2016 and 29.05.2024 respectively. It is the claim of the petitioners that the minimum educational qualification required to be appointed as Staff Nurse is GNM, whereas they have the qualification of B.Sc Nursing and therefore they are entitled to receive two (2) increments in terms of the Office Memorandum dated 15.01.2010 (Annexure 6), issued by the Ministry of Health & Family Welfare, Nursing Section, Government of India. According to the petitioners, they are covered by Paragraph Nos. 1 (b) (i), 2 (ii) and 4 of the said Office Memorandum. The petitioners therefore submitted their representations to the Page No.# 3/4 Principal Director, Health & Family Welfare Department, Commissioner Secretary, Finance Department and the Commandant General, Mizoram Home Guards seperately on 05.12.2024 which was duly received by the said authorities. However, since the respondent authorities have not granted them the benefit of increment in terms of the said Office Memorandum by considering their representation, they are before this Court. [3.] Ms. Valentina Laldinpuii, learned counsel submits that similarly situated other staff nurses had approached this Court through WP(C) No. 111/2024, and this Court directed the respondent authorities to examine the claim petitioners therein and to grant them the benefit as entitled to them. She therefore submits that a similar direction may be passed in the in the instant case as well. [4.] Ms. Vanneihsiami, learned Govt. Advocate submits that since the representations submitted by the petitioners are pending, the same may be directed to be considered by the said authorities. [5.] It is seen that the said representations are addressed to the Principal Director, Health & Family Welfare Department, Commissioner and Secretary, Finance Department and Commandant General, Mizoram Home Guards. The petitioners have however been appointed by the Chief Secretary in-charge of Home Department and the Secretary, Home Department at the relevant time. Page No.# 4/4 Their services were confirmed later on by the Commandant General, Mizoram Home Guards. In view of the above, the writ petition is disposed of with a direction to the respondents to consider the claim made by the petitioners for grant of two (2) increments in terms of the Office Memorandum dated 15.01.2010 (Annexure 6) by verifying their service particulars and their educational qualifications. On such verification, if they are found entitled to be given the increments, the same shall be given to them without delay. The entire consideration should be done within a period of three (3) months from a date of receipt of a certified copy of this order. [6.] With the above observation and direction, the writ petition is disposed of. JUDGE Comparing Assistant