Authority: High Court of Meghalaya at Shillong
Order Date: 07‑08‑2026
Case Overview
- Parties: Appellants – North Eastern Hill University (NEHU), represented by the Registrar, Deputy Registrar (Establishment‑I), Local Cadre Review Committee (Chairman) and Assistant Registrar (CRC). Respondents – Shri Panna Lal Shome (Writ Petitioner) and Shri Ajoy Krishna Bhattacharjee (Writ Petitioner).
- Nature of proceedings: Two writ appeals (WA No.58 of 2024 and WA No.59 of 2024) filed against the Common Judgment dated 24‑06‑2024 passed by the learned Single Judge in WP(C) No.45 of 2015 and WP(C) No.46 of 2015.
- Background: Both respondents were university employees (Junior Stenographer and Stenographer) who had received three financial upgradations under the UGC One‑Time Upward Movement (OTUM) Scheme, Assured Career Progression (ACP) Scheme and Modified Assured Career Progression (MACP) Scheme. The dispute arose after the implementation of the 6th Central Pay Commission (CPC) and a 2009 Ministry of Finance Office Memorandum that altered the merger of pay scales.
- Key service dates & upgradations:
- Respondent 1 (Shome) joined 06‑03‑1986; 1st upgradation under OTUM on 06‑03‑1994 to pay scale Rs 5500‑175‑9000 (5th CPC). 2nd upgradation on 06‑03‑2006 to Rs 6500‑200‑10500 (5th CPC). 3rd upgradation under MACP effective 17‑07‑2016 to PB‑2: Rs 9300‑34800 with GP Rs 4800 (6th CPC).
- Respondent 2 (Bhattacharjee) joined 04‑09‑1989; 1st upgradation on 04‑09‑1997 to Rs 5500‑175‑9000 (5th CPC). 2nd upgradation on 04‑09‑2009 to PB‑2: Rs 9300‑34800 with GP Rs 4600 (6th CPC). 3rd upgradation on 01‑09‑2018 to PB‑2 with GP Rs 4800 (Pay Level‑8 under 7th CPC).
- Contention: Both petitioners sought placement in PB‑2 with GP Rs 4800 on the second upgradation and GP Rs 6600 on the third upgradation under MACP. The appellants (NEHU) opposed, arguing misinterpretation of the MACP Scheme and the 2009 Office Memorandum.
- Legal arguments:
- Counsel for appellants (Mr S. Sen) argued that the 2009 memorandum removed the Rs 6500‑10500 scale from the merger, granting it GP Rs 4600, and that the order dated 30‑10‑2012 was never circulated and was withdrawn.
- Counsel for respondents (Mr M. Chanda) relied on CCS (RP) Rules 2008, the 2009 memorandum, and precedents from the Kerala High Court and Supreme Court to support the Single Judge’s direction of GP Rs 4800 (2nd) and GP Rs 5400 (3rd).
- Procedural history: Original writ petitions filed in 2015, amended in 2024; Single Judge’s judgment delivered on 24‑06‑2024; present appeals decided on 07‑08‑2026.
Final Outcome
- The bench held that the Single Judge’s findings were not tenable in law and set aside the Common Judgment dated 24‑06‑2024.
- WA No.58 of 2024 and WA No.59 of 2024 were allowed.
- No order as to costs was made.
- The judgment does not prescribe a new grade‑pay award; it merely overturns the earlier direction.
Topics: Employee Compensation, Pay Scale Dispute