Employees of Mizoram University are entitled to House Rent Allowance at 'Y' category rates, as previous court orders and equal treatment principles apply despite city classification.

JUDGMENT :

N. Unni Krishnan Nair J.

Heard Mr. R. K. D. Choudhury, learned Dy. SGI, appearing on behalf of the appellants. Also heard Mr. K. N. Choudhury, learned senior counsel, assisted by Mr. B. Lalramenga, learned counsel, appearing on behalf of respondents No. 1 to 755.

2. The present intra-Court appeal has been instituted by the appellants, herein, assailing the judgment & order, dated 19.07.2023, passed by the learned Single Judge in WP(c)14/2021.

3. The learned Single Judge vide the judgment & order, dated 19.07.2023, in WP(c)14/2021; had directed the appellants, herein, to authorize to the respondents No. 1 to 755, House Rent Allowance(HRA) at the rate applicable for ‘Y’ category cities.

4. The respondents, herein, are the teaching and non-teaching staff of Mizoram University and its constituent College. Some of the respondents were earlier appointed as teaching and non-teaching staff in the erstwhile North Eastern Hill University (NEHU) Aizawl Campus. During the period of service of the above-noted respondents, who were appointed in the North Eastern Hill University(NEHU), Aizawl Campus, they were being authorized their House Rent Allowance(HRA) at par with the employees of the North Eastern Hill University(NEHU) working at Shillong and Kohima. Although the cities of Aizawl, Shillong and Kohima, were categorized as ‘C’ category cities; the Central Government employees working in various Departments in the aforesaid cities were being authorized their House Rent Allowance(HRA) at the rates so prescribed for ‘B-2’ category cities.

5. Such benefit was being so extended to the Central Government employees working in various Departments in the above-noted cities in terms of an Office Memorandum, dated 14.05.1993.

6. The North Eastern Hill University(NEHU) authorities, had, by adopting the provisions of the Office Memorandum, dated 14.05.1993, issued a Notification, dated 17.05.1994, authorizing payment of House Rent Allowance(HRA) at the rate admissible for ‘B-2’ class cities for employees of North Eastern Hill University(NEHU) posted at Aizawl and Kohima centres w.e.f. 01.05.1991.

7. Upon enactment of the Mizoram University Act, 2000, which had come into force w.e.f. 25.04.2000; the employees serving under the erstwhile North Eastern Hill University(NEHU), were deemed to be transferred to the Mizoram University on the same terms and conditions and with the same rights and privileges as to pension, gratuity, provident fund and other matters, as they would have been authorized under the North Eastern Hill University Act, 1973, in terms of the provisions of Section 33(1) of the Mizoram University Act, 2000.

8. The Government of India, had, vide Office Memorandum, dated 29.08.2008, changed the classification of various cities from ‘A1’, ‘A’, ‘B-1’, ‘B-2’, ‘C’ and ‘Unclassified’ to that of ‘X’, ‘Y’ and ‘Z’ category cities for the purpose of authorizing to its employees, the House Rent Allowance(HRA).

9. Accordingly, the authorities of the Mizoram University had submitted a proposal to the Ministry of Human Resource and Development, Government of India(now, Ministry of Education, Government of India), for authorization of House Rent Allowance(HRA) to the employees of the Mizoram University and Pachhunga University College, at the rate as prescribed for ‘Z’ category cities, in-as-much as, vide the Office Memorandum, dated 29.08.2008; Aizawl city was classified as a ‘Z’ category city.

10. Being aggrieved, the respondents No. 1 to 755, herein, through their respective Service Associations approached the Mizoram University, praying for authorization of House Rent Allowance (HRA) in their respective cases at the rate as prescribed for ‘Y’ class city in terms of the 6th Central Pay Commission report as well as the 7th Central Pay Commission report.

11. The representations as submitted by the respondents, herein, was considered and rejected. The rejection of the representations, was communicated to the Registrar, Mizoram University, by the Minist