The court emphasized the importance of considering the grievances of the petitioners with reference to relevant letters and acts, within a reasonable time frame, keeping in mind the principles for equity and justice.

JUDGMENT :

MARLI VANKUNG, J.

1. Heard Ms. Rosalynn L. Hmar, learned counsel for the petitioners along with Mrs. H. Lalmalsawmi, learned Govt. Advocate for the State-respondents.

2. This writ petition filed under Article 226 of the Constitution of India is for issuance of the appropriate writ against respondent Nos. 1-5 for the up-gradation of the pay of the petitioners, so that they are in par with those equivalent ranks in the Police Department.

3. Ms. Rosalynn L. Hmar, the learned counsel for the petitioners submits that the pay scale of the petitioners who are members of the Mizoram Jail Employees should be up-gradated in terms with the Mulla Committee recommendation. The learned counsel submits that the Mulla Committee had recommended, at Para 24.14.10, that prison personnels should be paid salaries and allowances at par with those of equivalent ranks in the Police Department. The learned counsel submits that the Assistant Jailer is in the equivalent rank of the Sub-Inspector while the Jailer in the Prison Department is equivalent to the rank of the Inspector of Police. However, at present since the Jailer is enjoying the equivalent scale of the Assistant Jailer, his pay is in the rank of Sub Inspector while he should be paid equivalent scale of the Inspector of Police. She submits that at present the Jailer is given only an additional pay of Rs. 200/- while he is given the equivalent scale of the Assistant Jailer.

4. She submits that the petitioners have submitted various representations to the State Government for the up-gradation of the pay scale of the Jailer, so that they are placed equivalent to the pay scale of the Inspector of Police. However, their representations were not considered. The replied to their representations was a letter received was 05.02.2020 which was to the effect that, the consideration of pay up-gradation matters including representation of present Department Officers is being put on hold until report and recommendation of the 15th Finance Commission is available. The learned counsel submits that at present the 15th the Finance Commission is no longer in existence and therefore the petitioners have approach this Court since they do not find any alternative remedy to their grievances.

5. The learned counsel for the petitioner further submits that in the Mizoram Prison Manual, 2017, Clause 30.1 of Chapter 30 provides that “salaries and other employment benefits should not be arbitrarily fixed but should be related to the work to be performed in a modern correctional system, which is complex and arduous and is in the nature of an important social service. The correctional staff should be paid salaries and allowances at par with those of equivalent ranks in the Police Department.” She therefore prays that the Jailer & Assistant Jailer comes within the definition of correctional staff and as mentioned in the Mizoram Prisons Manual, 2017, the correctional staffs are to be paid salaries and allowances at par with those of equivalent ranks in the Police Department.

6. The learned counsel further submits that the Home Secretary, Govt. of India has recently as 10th May, 2023, had written to all the Chief Secretaries and Union Territories that since the Prisons Act, 1894, the Prisons Act 19100 and the transfer of Prison’s Act, 1950 have been reviewed, a ‘Model Prisons Act, 2023’ has been finalized, which is progressive and has made relevant provisions. The State Government & Union Territories Administrations were informed that they could benefit from the ‘Model Prisons Act, 2023’ by adopting the same it in their jurisdictions or with such modifications which they may consider necessary, and repeal the existing three Acts in their jurisdictions.

7. The learned counsel submits that as per the Model Prisons & Correctional Services Act, 2023, the services of the jailer and Assistant Jailer comes within the correctional services, which defines ‘correctional Service’ to mean any service or program aimed at the reformati