WP(C)/366/2024 of UNION OF INDIA AND 2 ORS. Vs SAMSAD ALI HASSAN AND 17 ORS. on 4 November 2025

1. Union of India represented by the Secretary to the Government of India, Ministry of Health & Family Welfare, New Delhi-110011.

2. The Secretary, Department of Expenditure, Ministry of Finance, New Delhi.

3. The Director, North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS), Mawdiangdiang, Shillong- 793018. ..... Petitioners Vs.

1. Shri Samsad Ali Hasan

2. Shri Nipan Das

3. Shri Bishnu Dev Rai

4. Shri Wahengbam Romesh Kumar

5. Smt. Helena Akham

6. Shri Kirit Rajan Das

7. Shri Ravi Bhusan Bharati

8. Shri Preetam Gogoi

9. Stewardlyn L. Kshiar

10. Smt. Charmily B. Marbaniong

11. Smt. Elangbam Santa Devi

12. Smt. Gangmei Chuimei

13. Shri Khlainsingh Warshong

14. Smt. L.T. Amongla

15. Smt. Seema Bikomai Deori

16. Smt. Vung Rokim

17. Shri Swarnadeep Dutta

18. Smt. Careen L. Shadap Marbaniang

Serial No.03 Daily List

All the respondents are serving as Junior Laboratory Technicians in North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS), Mawdiangdiang, Shillong-793018. ..... Respondents

Coram:

Hon’ble Mr. Justice Soumen Sen, Chief Justice Hon’ble Mr. Justice H.S. Thangkhiew, Judge Appearance: For the Petitioners : Dr. N. Mozika, DSGI with

Mr. G. Lyngdoh, Adv

For the Respondents : Mr. H.L. Shangreiso, Sr.Adv with

Mr. P. Dohkrut, Adv

i) Whether approved for

Yes/No

reporting in Law journals etc.:

ii) Whether approved for publication Yes/No

in press:

JUDGMENT: (per the Hon’ble, the Chief Justice) (Oral)

This writ petition is directed against an order passed by the Central Administrative Tribunal on 02.05.2024 allowing the Original Application filed by the applicants for upgradation of pay scale in pay band 2 of ₹9300-34800 with grade pay of ₹4200 with effect from their respective dates of joining as Junior Laboratory Technicians (JLTs) in North Eastern Indira Gandhi Regional Institute of Health & Medical Sciences (NEIGRIHMS).

2. The learned Deputy Solicitor General has submitted that although the petitioners are not serving the same establishment to which such benefit was extended namely, PGIMER, Chandigarh, similar benefits have been extended to Junior Technicians (Lab/X- ray/Radiotherapy) enjoyed under the PGIMER, Chandigarh. It does not give an impression that there is a parity in the nature of the employment of Junior Technicians (Lab/X-ray/Radiotherapy) working at PGIMER, Chandigarh with the similar kind of job being performed by the JLTs at NEIGRIHMS.

3. Once the respondents have accepted and extended the similar benefit to the JLTs of NEIGRIHMS notwithstanding the fact that the present employees are in a different establishment they have a legitimate expectation of having similar benefits being extended to them as being extended to the Junior Technicians (Lab/X-ray/Radiotherapy) of PGIMER, Chandigarh. The extension of such benefit has induced a strong believe in the mind of the JLTs of extension of similar benefits to the first original applicants.

4. The learned Tribunal has dealt with the matter extensively and after taking into consideration that the learned Additional CGSC appearing on behalf of the respondents have admitted that the order dated 08.11.2023 passed in O.A.No.043/340/2017 was implemented and extending similar benefits to Radiographers. The learned Tribunal in paragraph 11 of the impugned order after summarising and taking into consideration the previous proceedings and the order passed therein and its implementation by the respondent authorities, allowed the said application with the directions contained in paragraph 13 of the impugned order.

5. In view of the aforesaid, we do not fine any reasons to interfere with the well-reasoned order of the Tribunal.

6. The writ petition fails.

7. However, there shall be no order as to costs.

(H.S. Thangkhiew) (Soumen Sen) Judge Chief Justice

Digitally signed by LAMPHRANG KHARCHANDY Date: 2025.11.04 15:23:17 IST Signature Not Verified