Delhi High Court
Union Of India And Ors vs Ram Singh Yadav And Ors on 7 February, 2025
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 17346/2024, CM APPLs. 73877/2024, 73878/2024 &
73879/2024
UNION OF INDIA AND ORS .....Petitioners
Through: Mr. Manish Kumar, Senior
Panel Counsel with Mr. Kumar Gaurav,
Adv.
versus
RAM SINGH YADAV AND ORS .....Respondents
Through: Mr. Rizwan, Ms. Sachi Chopra
and Ms. Nishtha Sinha, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
HON'BLE MR. JUSTICE AJAY DIGPAUL
JUDGMENT (ORAL)
% 07.02.2025
C. HARI SHANKAR, J.
1. This writ petition challenges a judgment dated 4 April 2024
passed by the Central Administrative Tribunal1 in OA 47/20212.
2. The respondents, who were the applicants before the Tribunal,
were working as nurses on contract basis in Dr. Ram Manohar Lohia
Hospital3. They moved the Tribunal by way of OA 47/2021 seeking
"the Tribunal" hereinafter
Ram Singh Yadav & Ors. v Secretary, Ministry of Health & Family Welfare (Nursing Section) & Ors.
"RML Hospital" hereinafter
W.P.(C) 17346/2024
various monetary reliefs at par with regularly appointed staff nurses in
RML Hospital.
3. The Tribunal has, by the impugned order, allowed the
petitioner's claim to the extent of the basic pay and DA4, i.e., the
minimum pay scale. Qua other entitlements, the entitlement of the
petitioners has been deferred, dependent on the outcome of SLP (C)
46635/20195, pending before the Supreme Court.
4. The Tribunal has passed the aforesaid order on the basis of an
order passed by this Court on 15 July 2019 in WP (C) 12632/2018.
That writ petition was with respect to a similar claim by contract
nurses who were serving in hospitals under the RML Hospital from
2009. They, too, claimed parity of pay and allowances with regular
nurses.
5. The Tribunal, by order dated 23 February 2017, in OA
2570/2014, allowed the claim of the said contract nurses. That
decision was challenged before this Court by way of WP (C)
12632/2018.
6. This Court, following earlier precedents in the matter, dismissed
the writ petition.
7. Against the said decision, the UOI went in SLP to the Supreme
Dearness Allowance
W.P.(C) 17346/2024
Court which passed the following order on the SLP on 31 January
2020.
"Delay condoned.
Issue notice returnable in four weeks.
We have been informed that the contractual staff nurses
have been paid minimum of the scale which roughly
amounts to Rs.50,000/- (Basic + D.A.). The dispute
pertains to the other allowances. Stay of the operation of
the other allowances in the meanwhile."
8. In view of the above order, the Tribunal has regarded the issue
of entitlement of the respondents to basic pay and DA at the minimum
of the pay scale, at par with regular nurses, to be settled and has left
the issue of the respondent's entitlement to other allowances open for
consideration after the decision is rendered by the Supreme Court in
SLP (C) 46635/2019.
9. Mr. Manish Kumar, learned Counsel for UOI, candidly
acknowledges that there is no qualitative difference between the
present petitioners and the petitioners in WP (C) 12632/2018, but
submits that the said petitioners are presently no longer in the service
of the RML Hospital.
10. That hardly makes a difference. The fact is that the entitlement
of the petitioners in the said writ petition to basic pay and DA, in any
event, stands crystallized in view of the judgment of this Court and the
order passed by the Supreme Court on 31 January 2020 in SLP (C)
Union of India v Vinod Kumar Sharma
W.P.(C) 17346/2024
46635/2019.
11. Qua other allowances to which the petitioners claim, the matter
has been left open to be considered after the decision of the Supreme
Court in the said SLP.
12. Clearly, there is no reason for this Court to interfere with the
impugned judgment of the Tribunal, which is accordingly affirmed.
13. The petition stands dismissed.
C. HARI SHANKAR, J.
AJAY DIGPAUL, J.
FEBRUARY 7, 2025/AS
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W.P.(C) 17346/2024
