The division Bench of Justice M.R. Shah and Justice C.T. Ravikumar of the Apex court in the case of The Union of India & Ors Vs Rajib Khan & Ors held that different educational qualifications and experience for appointments can justify having various pay scales and compensation structures and is not violative of Articles 14 and 16 of the Constitution of India.
Brief Facts:
The factual matrix of the case was that the writ petition was filed by the Nursing Assistants working under the establishment of the Border Security force. It was alleged that they were entitled to the Nursing Allowance like it was being given to the Staff Nurse.
In this regard, a writ petition was filed and the Learned Single Bench observed that educational qualification cannot be a ground for denial of Nursing Allowance and allowed the writ petition. Thereafter, the appeal was preferred before the Division Bench of the High Court which was dismissed. Hence, the present appeal.
Contentions of the Appellant:
It was submitted that the Nursing assistants cannot be hired as staff nurses because of their different educational backgrounds and experience. Hence, they cannot be entitled to receive the Nursing Allowance at the same rate as staff nurses.
Contentions of the Respondents:
It was contended that both the Nursing Assistants and Staff Nurses are an integral part of the nursing service in general and perform similar duties. Therefore, like the Staff Nurse, the Nursing Assistants should also be entitled to get the nursing allowance.
Observations of the Court:
It was noted that the Nursing Assistants were being paid ‘Hospital Patient Care Allowance’. The Nursing Assistants do not have the relevant experience for appointment as Staff Nurses. Therefore, there can be no comparison between Nursing Assistants and Staff Nurses. The Court analysed judicial precedents and concluded that 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.
The decision of the Court:
The impugned judgment and order passed by the learned Single Judge as well as the Division Bench of the High Court holding and directing that the original writ petitioners – Nursing Assistants shall be entitled to Nursing Allowance at par with the Staff Nurse was quashed and set aside. Accordingly, the appeal was allowed.
Case Title: The Union of India & Ors Vs Rajib Khan & Ors
Coram: Hon’ble Justice M.R. Shah and Hon’ble Justice C.T. Ravikumar
Case No: Civil Appeal No. 172 of 2023
Citation: 2023 Latest Caselaw 26 SC
Advocate for Appellant: Adv. Arvind Kumar Sharma
Advocate for Respondents: Adv. Omanakuttan K.
Read Judgement @LatestLaws.com
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