2025 Supreme(Gau) 814
IN THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH), AIZAWL BENCH
MRIDUL KUMAR KALITA, J.
Sh. Zolianlunga, Government Republic HSS and Ors. – Petitioners
Versus
The State of Mizoram, Represented by the Chief Secretary to the Government of Mizoram, Aizawl and Ors. – Respondents
WP(C) No.10 Of 2023
Decided On : 27-06-2025
For the Petitioners:Mr. A.R. Malhotra, Advocate
For the Respondents: Ms. Vanneihsiami, Government Counsel.
Court highlighted the obligation of public authorities to ensure pay equity among teachers, ordering reconsideration of pay structure for Principals in light of comparable roles and existing incentives for others.
Headnote:(A) Constitution of India - Article 14 and 16 - Writ petition for mandamus concerning pay structure - Petitioners, Principals of Government Higher Secondary Schools, sought parity in pay with Headmasters of Middle and High Schools - Their claim was rejected citing administrative anomalies but lacking justification for unequal treatment - Court held denial of incentives to petitioners inconsistent with provisions granted to other educators, thus warranting reconsideration of their representation. (Paras 4, 12, 24, 26, 29)
(B) Judicial Review - Scope of judicial review extended to situations where government decisions appear irrational or unjust regarding employee treatment - Court emphasized limited interference in policy matters unless irrationality is demonstrated. (Paras 17, 28)
Facts of the case:
The petitioners filed a writ seeking 3-Tier Grade Pay, claiming differentiation in pay structure violates equal treatment principles. They argued the notification awarding 3-Tier Grade Pay excludes them, despite their roles being similar to Headmasters. (Paras 3, 5, 9, 10)
Findings of Court:
Court acknowledged the lack of incentives for petitioners during their service tenure, deeming the government's rationalization for denial as lacking in fairness. Directed the government to reconsider the petitioners' claim for incentivization. (Paras 26, 29)
Issues: The pivotal issues include whether the rejection of pay parity with Headmasters is justified and if unequal treatment violates Articles 14 and 16 of the Constitution. (Paras 12, 30)
Ratio Decidendi: Court noted that while policy decisions are typically immune from interference, denial of equitable treatment in pay structure without reasonable justification constitutes an irrational exercise of discretion by the government. (Paras 27, 28)
Result: Writ petition disposed of with directions to reconsider the pay representation. (Para 31)
| Table of Content |
|---|
| 1. petitioners seek 3-tier grade pay. (Para 2) |
| 2. eligibility for 3-tier grade pay (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. allegation of discrimination under article 14 and 16 (Para 9 , 10 , 11 , 12) |
| 4. judicial intervention when government decisions are irrational (Para 13 , 14) |
| 5. separation of powers and judicial restraint (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. differential treatment without justification (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. directive for reconsideration of the incentive structure (Para 29 , 30 , 31) |
JUDGMENT :
(MRIDUL KUMAR KALITA, J.)
1. Heard Mr. A. R. Malhotra, the learned counsel for the petitioners. Also heard Ms. Vanneihsiami, the learned Government Counsel representing the State respondent.
2. This writ petition has been filed by 18 numbers of the petitioners under Article 226 of Constitution of India, praying for the issuance of a writ in the nature of mandamus and/or any other appropriate directions or orders.
3. The petitioners are aggrieved by the minutes of meeting held under the chairmanship of the State Respondent No. 4 on 25.05.2022, whereby the claim of the petitioners for grant of 3-Tier Grade Pay, similar to that of Headmasters of Middle School and High School was rejected.
4. All the petitioners are working as the Principals of various Government Higher Secondary Schools promoted on different dates in the Higher Secondary Schools as shown in the Table herein below:
| Sl.No | Name | Present School | Date of Promotion as Principal |
| 1. | Zolianlunga | Govt. Republic HSS | 21.09.2010 |
| 2. | Lalnunzira Miller | Govt. KM HSS | 26.09.2013 |
| 3. | K Pazawna | Govt. Central HSS | 06.06.2014 |
| 4. | C Lalthangpuii | Govt. Mizo HSS | 06.06.2014 |
| 5. | Grace Lalchhawntluangi | Govt. JL HSS Aizawl | 17.07.2015 |
| 6. | Lalrinpuii Chhangte | Govt. Zemabawk HSS | 12.01.2021 |
| 7. | Lalrinkima | Mizoram Institute of Comprehensive Education | 12.01.2021 |
| 8. | Ramsangliani Hrangchal | Govt. Mamawii HSS | 08.09.2021 |
| 9. | Lalrosangi Ralte | Govt. Chaltlang HSS | 08.09.2021 |
| 10. | C.Lalhliapa | Govt. HSS Lunglei | 20.01.2022 |
| 11. | C.Lalmuanpuii | Govt. GM HSS Champhai | 24.06.2022 |
| 12. | Vanhmingliani Tochhawng | Govt. Saitual HSS | 24.06.2022 |
| 13. | R Lalmuanpuii | Govt. Mamit HSS | 24.06.2022 |
| 14. | Dr. Elizabeth Lalhmangaihzuali | Govt. Hnahthial HSS | 24.06.2022 |
| 15. | Lalramengi Ralte | Govt. Leitlangpui HSS | 24.06.2022 |
| 16. | Lalbiakkunga Joute | Govt. Kawrthah HSS | 24.08.2022 |
| 17. | VL Felfamkima | Govt. Region HSS Lawngtlai | 24.08.2022 |
| 18. | PC Thanhranga | Govt. HSS Serchhip | 24.08.2022 |
5. The claim of the petitioners is that the respondent No. 4 on 14.12.2015 had issued a notification bearing Memo No. G.11013/2011-FIN (PRU) dated 25.01.2016, whereby the 3-Tier Grade Pay was introduced in respect of the Headmasters of High School and Middle School under the School Education Department. The three different grades were Entry Grade, Senior Grade and Selection Grade.
6. Thereafter, on 03.09.2018, the Government Higher Secondary Schools Principal Committee had submitted a representation to the respondent No. 4 requesting grant of 3-Tier Grade Pay in respect of the Principals, Government Higher Secondary Schools similar to that granted to Headmasters of Middle Schools and High Schools on the ground that the duties and responsibilities of the Principals of the Government Higher Secondary Schools and that of Headmasters of Middle Schools and High Schools are similar.
7. As no response was received from the respondents in respect of the aforesaid representation, the Government Higher Secondary Schools Principal Council again submitted a representation on 06.05.2022 reiterating the demand which was made in the earlier representation dated 03.09.2018.
8. However, in the meeting held on 25.05.2022, the respondent No. 4 dismissed the representation dated 06.05.2022 filed by the Government Higher Secondary Schools Principal Council on the ground that the Middle School Headmasters were granted 3-Tier Grade Pay system to remove some administrative anomalies like the entry scale salary of a Middle School Headmaster was lower than Selection Grade Teacher which caused some administrative inconvenience. Such anomalies are not