Case
Title: The Union of India & Ors. Versus Rajib Khan
& Ors.
Facts
of the Case: Filed by the Union of India feeling aggrieved with
the judgment passed by the High Court of Gauhati which held that the original
writ petitioners are entitled to Nursing Allowance. The respondents, in the appeal, were Nursing Assistants in
various hospitals under the establishment of Border Security Force. All of them
were being paid the ‘Hospital Patient Care Allowance’. According to the
original writ petitioners, they were entitled to the Nursing Allowance like it
was being given to the Staff Nurse. Therefore, a writ petition was filed before
the High Court.
Case
of Petitioner/s: Nursing Staff contention
that they were being paid the special allowance known as ‘Hospital Patient Care
Allowance’ and were therefore not entitled to the Nursing Allowance at par with
Staff Nurses as they are not qualified as a Staff Nurse. Classification of the
different pay scales is permissible based upon educational qualifications,
experience and nature of duties.”
Case
of Respondent/s: "Nursing
Assistants are being integral part of the nursing service and when both the
Nursing Assistants as well as the Staff Nurses are integral part of the nursing
service and would be performing the similar duties, the High court has not
committed any error in directing to pay Nursing Allowance to the Nursing
Assistants at par with the Staff Nurse."
Judgement
of the Court with reasoning: "Applying
the law laid down by this Court in the aforesaid decisions to the facts of the
case on hand the view taken by the High Court that the educational
qualification cannot be a ground for denial of Nursing Allowance to the Nursing
Assistants is unsustainable. The Nursing Assistants in the BSF neither have
relevant experience for appointment as Staff Nurse nor they possess any
educational qualification for appointment as Staff Nurse. Therefore, the case
of Nursing Assistants cannot be compared with that of the Staff Nurses as both
carry different educational qualification."
Case
law referred:
1.
Punjab State Cooperative Milk Producers Federation
Limited and Another versus Balbir Kumar Walia and others, (2021) 8 SCC 784.
2.
Director of
Elementary Education, Odisha and Others versus Pramod Kumar Sahoo, (2019) 10
SCC 674.
3.
Secretary
Department of Personnel Public Grievances & Pension & Anr. versus
T.V.L.N. Mallikarjuna Rao, (2015) 3 SCC 653."
Click here to read the Judgement
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