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 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.
Madhavi Divan, learned ASG has vehemently submitted that in the facts and circumstances of the case the High Court has committed a serious error in holding that the original writ petitioners – Nursing Assistants are entitled to the Nursing Allowance at par with the Staff Nurses.
It is submitted that the Nursing Assistants also do not possess any registration certificate issued by the State Nursing Council and the Indian Nursing Council and therefore, they do not possess the relevant qualification and experience as mandated to receive the Nursing Allowance at par with the Staff Nurses.
While opposing the present appeal learned counsel appearing on behalf of the respondents – original writ petitioners has vehemently submitted that while passing the order the learned Single Judge had heavily relied upon the decisions of the Division Bench of the High Court taking the view that the educational qualification cannot be a ground for denial of Nursing Allowance to the Nursing Assistants.
Also Read: https://newslaw.in/case-type/civil/acquisition-of-land-and-deemed-lapse-under-the-act-2013/
It is submitted that therefore, 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. Mallikarjuna Rao (supra) it is observed by this Court that the classification of posts and determination of pay structure comes within the exclusive domain of the Executive and the Tribunal cannot sit in appeal over the wisdom of the Executive in prescribing certain pay structure and grade in a particular service.
3 In the case of Punjab State Cooperative Milk Producers Federation Limited (supra), it is observed and held by this Court that different educational qualification and experience prescribed for appointment can be a ground to have different pay scales/pay structures.
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.
Also Read: https://newslaw.in/case-type/civil/taxation-of-engineering-design-drawings-goods-or-services/
Consequently, the original writ petition filed before the learned Single Judge claiming Nursing Allowance at par with the Staff Nurse stands dismissed.
Case Title: THE UNION OF INDIA Vs. RAJIB KHAN (2023 INSC 41)
Case Number: C.A. No.-000172-000172 / 2023
