LexTHE UNION OF INDIA & ORS. versus RAJIB KHAN & ORS.
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A B C D E F G H 1009 1009 THE UNION OF INDIA & ORS. v. RAJIB KHAN & ORS. (Civil Appeal No. 172 of 2023) JANUARY 16, 2023 [M. R. SHAH AND C. T. RAVIKUMAR, JJ.] Service Law – Entitlement to Nursing allowance – Respondents were working as Nursing Assistants in BSF and were paid “Hospital Patient care Allowance” – Respondents claimed to be entitled to “Nursing Allowance” at par with Staff Nurses – Single Judge of the High Court held that similar duties performed by Staff Nurses & Nursing Assistants, thus respondents are entitled to Nursing allowance – It also held that educational qualification cannot be a ground for denial of Nursing Allowance – Division Bench of the High Court dismissed the appeal preferred by the appellant-Union of India – On appeal, held: 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 – Under the circumstances, the High Court has committed a serious error in holding and directing that the Nursing Assistants serving in the BSF are entitled to Nursing Allowance at par with the Staff Nurses. Allowing the appeal, the Court HELD: 1. 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. Under the circumstances, the High Court has committed a serious error in holding and directing that the Nursing Assistants serving in the Assam Rifles/BSF are entitled to Nursing Allowance at par with the Staff Nurses. [Para 5][1013-G-H; 1014-A-B] [2023] 1 S.C.R. 1009 A B C D E F G H 1010 SUPREME COURT REPORTS [2023] 1 S.C.R. Punjab State Cooperative Milk Producers Federation Limited and Another versus Balbir Kumar Walia and others (2021) 8 SCC 784; Director of Elementary Education, Odisha and Others versus Pramod Kumar Sahoo (2019) 10 SCC 674; Secretary Department of Personnel Public Grievances & Pension & Anr. Versus T.V.L.N. Mallikarjuna Rao, (2015) 3 SCC 653: [2014] 13 SCR149 – referred to. Case Law Reference (2021) 8 SCC 784 referred to Para 2.4 (2019) 10 SCC 674 referred to Para 2.4 [2014] 13 SCR 149 referred to Para 2.4 CIVIL APPELLATE JURISDICTION : Civil Appeal No.172 of 2023. From the Judgment and Order dated 02.11.2021 of the High Court of Gauhati at Guwahati in W.A No. 305/2021. Ms. Madhavi Divan, ASG, Arvind Kumar Sharma, Adv. for the Appellants. Omanakuttan K. K., Adv. for the Respondents. The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 02.11.2021 passed by the High Court of Gauhati in WA No.305 of 2021 by which the High Court has dismissed the said appeal preferred by the appellants herein -Union of India and others, not interfering with the judgment and order passed by the learned Single Judge allowing the writ petition and holding that the original writ petitioners are entitled to Nursing Allowance, the Union of India and others have preferred the present appeal. 2. That the respondents herein are working as the 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. The claim of the original writ petitioners claiming Nursing Allowance at par with the Nursing Staff was opposed by the appellants containing inter alia that they are being A B C D E F G H 1011 paid the special allowance known as ‘Hospital Patient Care Allowance’ and are not entitled to the Nursing Allowance at par with Staff Nurses as they are not qualified as a Staff Nurse. However, the learned Single Judge negated the objection of the appellants – BSF by observing that the duties performed by the writ petitioners are the similar duties performed by the Staff Nurses. Learned Single Judge observed that educational qualification cannot be a ground for denial of Nursing Allowance. Consequently, the learned Single Judge allowed the writ pe
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