Page No.# 1/39 vs The Union Of India And 2 Ors
2025 Latest Caselaw 4913 Gua

Gauhati High Court

Page No.# 1/39 vs The Union Of India And 2 Ors on 22 May, 2025

                                                              Page No.# 1/39

GAHC010214032019




                                                        undefined

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                       Case No. : WP(C)/7649/2019

         NURSING ASSTT/HAV FORCE NO. 371073 DILWAR SINGH CHAUHAN AND
         220 ORS.
         S/O- LATE A S CHAUHAN, WORKING UNDER COMMAND AND CONTROL
         OF DIRECTOR GENERAL, ASSAM RIFLES, HQ DGAR ASSAM RIFLES,
         SHILLONG, MEGHALAYA, PIN- 793011

         2: NB/SUB. FORCE NO. 370514
          P K SINGH
          S/O- PATESWARI SINGH
         WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
         ASSAM RIFLES
          HQ DGAR ASSAM RIFLES
          SHILLONG
          MEGHALAYA
          PIN- 793011

         3: HAV/ NURSING ASSTT FORCE NO. 371171 A K SAHU
          S/O- RAM CHANDRA PRASAD SAHU
         WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
         ASSAM RIFLES
          HQ DGAR ASSAM RIFLES
          SHILLONG
          MEGHALAYA
          PIN- 793011

         4: HAV/NA FORCE NO. 371282 K H BIKRAMJIT SINGH
          S/O- KH I K SINGH
         WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
         ASSAM RIFLES
          HQ DGAR ASSAM RIFLES
          SHILLONG
          MEGHALAYA
          PIN- 793011
                                                Page No.# 2/39

5: HAV/NA AJAY KUMAR FORCE NO 370572
 S/O- SURAT SINGH
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011

6: HAV/NA K K NEWAR
 FORCE NO. 371267
 S/O- T B NEWAR
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011

7: RFN/NA PRADIP KUMAR
 FORCE NO. 5025842
 S/O- SHARWAN KUMAR
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011

8: HAV/NA RASENDRA KUMAR NATH
 FORCE NO. 370919
 S/O- LATE R K NATH
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011

9: HAV/NA PRATIMAN LIMBU
 FORCE NO. 371164
 S/O- LATE L B LIMBU
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011
                                                Page No.# 3/39


10: RFN/NA MUKESH KUMAR
 FORCE NO. 5025783
 S/O- BAKSA RAM
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011

11: HAV/NA RAJENDRAN B
 FORCE NO. 370762
 S/O- B K NAIR
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011

12: HAV/NA JAYARAJ N FORCE NO. 370759
 S/O- P R NARAYAN NAIR
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011

13: HAV/NA R K TYAGI
 FORCE NO. 370848
 S/O- LATE S L TYAGI
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011

14: HAV/NA MAHARAJ SINGH FORCE NO. 371071
 S/O- LATE Y S RAWAT
WORKING UNDER COMMAND AND CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
 HQ DGAR ASSAM RIFLES
 SHILLONG
 MEGHALAYA
 PIN- 793011
                                   Page No.# 4/39


15: HAV/NA M S NEGI
 FORCE NO. 371070
 S/O- BALAM SINGH

16: HAV/NA SHREE KUMAR S
 FORCE NO. 371329
 S/O- LATE SIVA DASHAN M

17: HAV/NA DIMBESWAR BURAGOHAIN
 FORCE NO. 371281
 S/O- R R BURAGOHAIN

18: HAV/NA HARISH KUMAR
 FORCE NO. 371327
 S/O- JAGADISH

19: HAV/NA H DIKEN SINHA
 FORCE NO. 371268
 S/O- H GANDARBHASINGH

20: HAV/NA RAJESH KUMAR
 FORCE NO. 371229
 S/O- LAL CHAND

21: HAV/NA S K RAI
 FORCE NO. 371466
 S/O- INDRA DEU RAI

22: RFN/NA BHUPEN SONAR
 FORCE NO. 371353
 S/O- TIKARAM SONAR

23: HAV/NA RAJESH KUMAR
 FORCE NO. 371373
 S/O- LATE KESHAR CHAND

24: HAV/NA LOKNATH YADAV
 FORCE NO. 371149
 S/O- S P S YADAV

25: HAV/NA H RAJBANSHI
 FORCE NO. 371272
 S/O- K RAJBANSHI

26: HAV/NA TAHER AHMED
 FORCE NO. 371276
 S/O- LATE A H BORBHUYAN
                                  Page No.# 5/39


27: NB/SUB RAJEN DAS
 FORCE NO. 370620
 S/O- LATE RAM JOI DAS

28: RFN/NA GAURAV RAY
 FORCE NO. 5025883
 S/O- LATE D N RAY

29: RFN/NA B SHANKAR
 FORCE NO. 5025028
 S/O- BHAKDE NATH RAM RUSTOM

30: HAV/NA PIJUSH MANDAL
 FORCE NO. 371345
 S/O- RAM PRASAD

31: HAV/NA MANOJ KUMAR
 FORCE NO. 371396
 S/O- BACHAN SINGH

32: HAV/NA BHAL BAHADUR KHATRI
 FORCE NO. 371340
 S/O- R B KHATRI

33: HAV/NA MUKESH CHAUHAN
 FORCE NO. 371238
 S/O- B S CHAUHAN

34: HAV/NA JAGANNATH ROUT
 FORCE NO. 371424
 S/O- LATE SURESH ROUT

35: HAV/NA A K SHARMA
 FORCE NO. 371366
 S/O- LATE B P SHARMA

36: HAV/NA R S ROUTELA
 FORCE NO. 371226
 S/O- B S RAUTELA

37: HAV/NA PALWINDER SINGH
 FORCE NO. 371169
 S/O- PIARA SINGH

38: HAV/NA R K SHARMA
 FORCE NO. 371235
 S/O- NANAK CHAND SHARMA
                                     Page No.# 6/39


39: HAV/NA TOLAM TAMIM
 FORCE NO. 371405
 S/O- LATE PATANG TAMIM

40: HAV/NA BHARAMVIR
 FORCE NO. 371470
 S/O- RAM SWARUP

41: HAV/NA MANMINDER SINGH
 FORCE NO. 370991
 S/O- BALWANT SINGH

42: HAV/NA GEORGE KUTTY D
 FORCE NO. 370644
 S/O- LATE V DAINEL

43: HAV/NA T K BAPU
 FORCE NO. 371408
 S/O- WANGDI BAPU

44: HAV/NA JOSE KUTTY
 FORCE NO. 370744
 S/O- BABY PM

45: HAV/NA DEEPAK REGMI
 FORCE NO. 5025855
 S/O- KESHAB PRASAD REGMI

46: HAV/NA KULDEEP SINGH NEGI
 FORCE NO. 371398
 S/O- DHIRAJ SINGH

47: HAV/NA N SAMANANDA
 FORCE NO. 371260
 S/O- N YAIMA SINGH

48: HAV/NA MAHENDRA GUPTA
 FORCE NO. 370908
 S/O- LATE SURAJ DEO PRASAD GUPTA

49: HAV/NA RAJESH
 FORCE NO. 371383
 S/O- MANGE RAM

50: RFN/NA RAKESH CHAKMA
 FORCE NO. 5024684
 S/O- SUSHANTA CHAKMA
                                 Page No.# 7/39


51: RFN /NA BALENDRA RABHA
 FORCE NO. 5025915
 S/O- PANCHAT RABHA

52: HAV/NA JOY JOSEPH
 FORCE NO. 370641
 S/O- JOSEPH K

53: NB/SUB RADHA KRISHNAN
 FORCE NO. 370657
 S/O- SUBRAMANIYAM

54: HAV/NA UTTAM CHAND
 FORCE NO. 371323
 S/O- K C SHARMA

55: HAV/NA BISWAJIT BAIDYA
 FORCE NO. 371448
 S/O- SUDHAN BAIDYA

56: HAV/NA KRISHNA GOPAL
 FORCE NO. 371472
 S/O- FOUJDAR YADAV

57: HAV/NA DEVENDRA BHARTI
 FORCE NO. 371192
 S/O- RAMJI

58: HAV/NA KARAN SINGH SAYALA
 FORCE NO. 371311
 S/O- HIRA SINGH SAYALA

59: HAV/NA DIPAK GHAGHAT
 FORCE NO. 371478
 S/O- R GHAGHAT

60: HAV/NA AKASH DEEP
 FORCE NO. 371319
 S/O- PARAS RAM SHARMA

61: HAV/NA KULDEEP CHAND
 FORCE NO. 371045
 S/O- KISHORI LAL

62: HAV/NA DHARMENDAR SINGHA
 FORCE NO. 371266
 S/O-KAMINI SINGHA
                                 Page No.# 8/39


63: HAV/NA RAMESH CT
 FORCE NO. 371016
 S/O- LATE T MK

64: HAV/NA R K PANDEY
 FORCE NO. 371172
 S/O- B K PANDEY

65: HAV/NA SHYAM KS
 FORCE NO. 371495
 S/O- SASIDHARAN

66: HAV/NA V K PHUKAN
 FORCE NO. 371273
 S/O- BHUGESWAR PHUKAN

67: HAV/NA DINESH BIR SINGH
 FORCE NO. 371151
 S/O- H B CHHETRI

68: HAV/NA MILKHI RAM
 FORCE NO. 370994
 S/O- LATE BAKSHI RAM

69: HAV/NA SUDHIR KUMAR
 FORCE NO. 371195
 S/O- S S KAWAKAR

70: HAV/NA JITEN BORO
 FORCE NO. 371269
 S/O- PHUKAN BORO

71: HAV/NA RAJESH KUMAR DARJI
 FORCE NO. 371208
 S/O- D B DARJI

72: HAV/NA H S JHA
 FORCE NO. 370989
 S/O- B N JHA

73: HAV/NA SUJAN SINGH
 FORCE NO. 371224
 S/O- CHANDRA

74: HAV/NA GAYADHAR PARIDA
 FORCE NO. 371422
 S/O- LAXMIDHAR PARIDA
                                  Page No.# 9/39


75: HAV/NA DHARMENDAR SOLANKI
 FORCE NO. 371237
 S/O- BHIKKI SINGH

76: HAV/NA MOHAN RAM
 FORCE NO. 371062
 S/O- JOHAR RAM

77: HAV/NA PRADIP KUMAR
 FORCE NO. 371320
 S/O- T CHAND

78: NB/SUB BALAN T
 FORCE NO. 370803
 S/O- LATE PARANGODAN

79: HAV/NA VINOD SHARMA
 FORCE NO. 371196
 S/O- RAMROOP SHARMA

80: HAV/NA BHAGAT SINGH
 FORCE NO. 371167
 S/O- J S NEGI

81: HAV/NA HARENDER SINGH
 FORCE NO. 371262
 S/O- RAJENDER SINGH

82: HAV/NA VIPIN KUMAR UPADHAY
 FORCE NO. 371214
 S/O- MADAN MOHAN UPADHAY

83: HAV/NA O TOMBA SINGH
 FORCE NO. 371258
 S/O- O MATUM SINGH

84: HAV/NA NAVEEN RANA
 FORCE NO. 371245
 S/O- LATE JANAK KUMAR RANA

85: RFN/NA VISHAK KUMAR U
 FORCE NO. 5024850
 S/O-UDAYAN PILLAI G

86: HAV/NA SURENDRA KUMAR
 FORCE NO. 371374
 S/O- BIDYA SAGAR
                                  Page No.# 10/39


87: HAV/NA JAMINI BARMAN
 FORCE NO. 371191
 S/O- KHAGEN BARMAN

88: RFN/NA RAJIV NATH
 FORCE NO. 371449
 S/O- R K DEBNATH

89: NAIB/SUBEDAR P K CHOUDHARY
 FORCE NO. 370481
 S/O- LATE JOGENDRA CHOUDHURY

90: HAV/NA BAHADUR RAM
 FORCE NO. 370642
 S/O- LATE DAL SINGER

91: HAV/NA ASHOK KUMAR
 FORCE NO. 370719
 S/O- RAM SEVAK THAKUR

92: HAV/NA R S PILLAI
 FORCE NO. 371019
 S/O- RAJAPAN PILLAI

93: HAV/NA BODH RAJ
 FORCE NO. 371157
 S/O- BAWA RAM

94: HAV/NA R S YADAV
 FORCE NO. 371186
 S/O- BABAN YADAV

95: HAV/NA KINGER CHAUDHARY
 FORCE NO. 371207
 S/O- SUNIL CHOUDHURY

96: HAV/NA P B CHHETRI
 FORCE NO. 371351
 S/O- B CHHETRI

97: RFN/NA D J GOSWAMI
 FORCE NO. 371352
 S/O- R GOSWAMI

98: HAV/NA RAJEN RANA
 FORCE NO. 370670
 S/O- R S RANA
                                         Page No.# 11/39


99: HAV/NA MAHADEV SHARMA
 FORCE NO. 371250
 S/O- J R SHARMA

100: HAV/NA RAJESH SINGHA
 FORCE NO. 371277
 S/O- LATE NENA SINGHA

101: RFN/NA S S YADAV
 FORCE NO. 5025799
 S/O- LATE S L YADAV

102: HAV/NA DIBAKAR DOLEY
 FORCE NO. 371332
 S/O- BILASAN DOLEY

103: HAV/NA S K SHARMA
 FORCE NO. 371230 S/O- JOGENDRA SINGH

104: HAV/NA MAHESH KUMAR
 FORCE NO. 371236
 S/O- RAMPATI SINGH

105: HAV/NA S A AHMED
 FORCE NO. 371480
 S/O- FAJAL HOQUE

106: RFN/NA K K THAPA
 FORCE NO. 371483
 S/O- C L THAPA

107: HAV/NA M C JOSHI
 FORCE NO. 371058
 S/O- G D JOSHI

108: HAV/NA AZAD KHAN
 FORCE NO. 371257
 S/O- MD. ANGOU KHAN

109: HAV/NA BIJENDER SINGH
 FORCE NO. 371382
 S/O- JAGADISH CHANDRA

110: HAV/NA P K BASNAT
 FORCE NO. 371356
 S/O- P D BASNAT
                             Page No.# 12/39

111: HV/NA SHIVA PRASAD
 FORCE NO. 371296
 S/O-K V PURUSHOTHAMAN

112: RFN/NA DILSHAD KHAN
 FORCE NO. 5025969
 S/O- M KHAN

113: HAV/NA MANOJ KUMAR
 FORCE NO. 371365
 S/O- S H RAMESHWAR SINGH

114: NA/SUB N J SINGH
 FORCE NO. 370482
 S/O- DARSHAN SINGH

115: HAV/NA BASAVA RAJ
 FORCE NO. 371322
 S/O- SHARNAPA H

116: HAV/NA CHENTAI KHAIM
 FORCE NO. 371399
 S/O- KHETAN KHAIM

117: HAV/NA T A KIKON
 FORCE NO. 371418
 S/O- TANGMOMOKIKIAN

118: HAV/NA B Y KONYAK P
 FORCE NO. 371417
 S/O- BANTHAK KONAK

119: RFN/NA PRAVIN KUMAR
 FORCE NO. 371476
 S/O- DHARAMBIR SINGH

120: RFN/NA SAJU R NAIR
 FORCE NO. 371328
 S/O- RAJAN KUTTY

121: HAV/NA N BINOY SINGH
 FORCE NO. 371278
 S/O- N NARENDAR SINHA

122: RFN/NA ANOOP SINGH
 FORCE NO. 5025945
 S/O- DALBIR SINGH
                                   Page No.# 13/39

123: RFN/NA BIKRAM KUMAR SHARMA
 FORCE NO. 5025821
 S/O- D P SHARMA

124: HAV/NA M D CHANG
 FORCE NO. 371289
 S/O- S MOBA CHANG

125: RFN/NA INDERJIT SHARMA
 FORCE NO. 5028792
 S/O- RAM KRISHNA SHARMA

126: RFN/NA SAGAR CHHETRI
 FORCE NO. 5025727
 S/O- D B CHHETRI

127: RFN/NA J B BHUJEL
 FORCE NO. 371484
 S/O- D B BHUJEL

128: HAV/NA UMESH KUMAR
 FORCE NO. 371173
 S/O- KRISHNA KUMAR SINGH

129: HAV/NA P P SANGROLA
 FORCE NO. 371253
 S/O- DINANATH SANGROLA

130: RFN/NA SARWAN SINGH
 FORCE NO. 5025881
 S/O- UMED SINGH

131: RFN/NA BIKY KUMAR
 FORCE NO. 5025939
 S/O- AJAY KUMAR

132: HAV/NA HARISH SINGH
 FORCE NO. 371059
 S/O- LATE KUNUWAR SINGH

133: HAV/NA ASHOK BISHT
 FORCE NO. 371334
 S/O- LATE M S BISHT

134: HAV/NA RANJIT DEB NATH
 FORCE NO. 370482
 S/O- LATE NIRANJAN DEB NATH
                                    Page No.# 14/39

135: RFN/NA J K SHARMA
 FORCE NO. 5024768
 S/O- RAM BARAI SHARMA

136: RFN/NA ASHEN DAYANAND SINGH

FORCE NO.5024942

S/O S M SUBHA SINGH

137: HAV/NA MANOJ KUMAR PANDEY
 FORCE NO. 371487
S/O B K PANDEY

138: RFN/NA K S BHANDARI
 FORCE NO. 371489
S/O D S BHANDARI

139: HAV/NA M L MAZUMDAR
 FORCE NO. 370561
S/O M K MAZUMDAR

140: RFN/NA S B CHAKMA
 FOR CE NO. 5025957
S/O GYAN RATAN SAKMA

141: HAV/NA RAJEEV KUMAR
 FOR CE NO. 371372
S/O BOMI THAPA

142: HAV/NA VIJAY PAL SINGH
 FORCE NO. 371233
S/O JAY DEV SINGH

143: RFN/NA RUPAM SINGHA
 FORCE NO. 5024950
S/O PRADIP SINGHA

144: HAV/NA R RAJAGOPALAN AHARYA
 FORCE NO. 370614

S/O LATE RAMANUGOM ACHARYA

145: HAV/NA PAPPU SINGH
 FORCE NO. 371060
S/O LATE RAJ SINGH YADAV

146: HAV/NA M S UNNITHAN
                                 Page No.# 15/39

FORCE NO. 370528
S/O ACHUTHAN NAIR

147: HAV/NA KAMALJIT SINGH
 FORCE NO. 371239

S/O LATE KALYAN SINGH

148: HAV/NA JAWAHAR LAL

FORCE NO. 371232
S/O LATE RAMHET SINGH

149: HAV/NA OM PRAKASH
 FORCE NO. 370552
S/O HIRA PRASAD

150: HAV/NA SANJAY MEDHI
 FORCE NO. 371348
S/O JITEN MEDHI

151: HAV/NA GAURAV SHARMA
 FORCE NO. 371376
S/OI BODH RAJ SHARMA

152: HAV/NA DALBIR SINGH
 FORCE NO. 371378
S/O LATE HARNAN SINGH

153: RFN/NA RAVI KUMAR CHAKMA
 FORCE NO. 5025813
S/O AMRIT LAL CHAKMA

154: RFN/NA S I SINGH
 FORCE NO. 5025794

S/O S SINGH

155: HAV/NA DHIRENDER SINGH
 FORCE NO. 371443
S/O GOPAL SINGH

156: RFN/NA G ANIL KUMAR
 FORCE NO. 5028946
S/O BHIMA RAO

157: HAV/NA PANKAJ K TIWARI
 FORCE NO. 371335
                                    Page No.# 16/39

S/O LATE G S TIWARI

158: RFN/NA BHAKTA PRAHLAD GHOSH

FORCE NO. 5025725
S/O BRINDABAN GHOSH

159: NA/SUB N DAS
 FORCE NO. 370662
S/O LATE B DAS

160: HAV/NA M K SINGH
 FORCE NO. 370806
S/O LATE LAXMI SINGH

161: RN/NA AKSHAY KUMAR
 FORCE NO. 5028796
S/O JANAK RAM

162: HAV/NA BHAGAT SINGH BISHT

FORCE NO. 371223

S/O LATE M S BISHT.

163: HAV/NA JASWINDER SINGH
 FORCE NO. 371078
S/O LATE JAI BHAGWAN SINGH

164: HAV/NA MURULIDHARN PILLAI

FORCE NO. 370914
S/O KM PILLAI

165: HAV/NA KISHOR SINGH
 FORCE NO. 370953
S/O LATE RAMYE SINGH

166: HAV/NA BYAS DEB
 FORCE NO. 371326
S/O LATE HARI CHAND

167: HAV/NA ASHUTOSH KUMAR
 FORCE NO. 371174
S/O UMESH PRASAD SINGH

168: HAV/NA PANKAJ KUMAR
 FOR CE NO. 371364
                                   Page No.# 17/39

S/O JUGAL KISHORE.

169: HAV/NA LOKESH BORAH
 FORCE NO. 5028992
S/O DHOLU RAM

170: HAV/NA PRAKASH D

FORCE NO. 371308
S/O DHANUKSH KUTTI

171: HAV/NA NAVEEN CHAND

FORCE NO. 371228
S/O HARISH CHAND

172: HAV/NA JOYAKUMAR R

FORCE NO. 370729

S/O R NAIR

173: HAV/NA OKARAM RAKESH SINGH
 FORCE NO. 371255

S/O O. TOMBA SINGH

174: HAV/NA N DOREN SINGH
 FORCE NO. 371251
S/O LATE N IBOBI SINGH

175: HAV/NA RAM CHANDARAN
 FORCE NO. 371079

S/O RAGHUWAN

176: HAV/NA PREM KUMAR
 FORCE NO. 370957

S/O RAMA KRISHNAN NAIR

177: HAV/NA GANAPATI D RAO

FORCE NO. 371197
S/O GANAPATI RAMA RAO

178: HAV/NA DESH RAJ
                              Page No.# 18/39

FORCE NO. 371177
S/O BODH RAM

179: HAV/NA ARVINDA MOHAN
 FORCE NO. 371391
S/O KEDAR DUTT.

180: HAV/NA V.S. YADAV

FORCE NO. 371474

S/O RAJ DEO YADAV.

181: SUB/NA H. LANGETE

FORCE NO. 370711
S/O STORY LOLNG LONG

182: NA/SUB S BANIK
 FORCE NO. 370603
S/O LATE P.C. BANIK

183: HAV/NA RAJINDER SINGH
 FORCE NO. 371363
S/O RAGHUBIR SINGH

184: NA/SUB S. N SINGH
 FORCE NO. 370486
S/O MURULIDHAR
SINGH

185: HAV/NA S S CHHETRI
 FORCE NO. 371482
S/O GOBARDHAN CHHETRI

186: HAV/NA DANI CHAND

FORCE NO. 371076
S/O LATE NARI CHAND

187: HAV/NA N INGO SINGH
 FORCE NO. 371188
S/O N NARAN SINGH

188: HAV/NA D K ROY
 FORCE NO. 371194
S/O SHYAMA CHARAN ROY
                                   Page No.# 19/39

189: HAV/NA GHANSHYAM
 FORCE NO. 371087
S/O HARI RAM

190: HAV/NA NARESH ROY
 FORCE NO. 371183
S/O R C ROY

191: HAV/NA NAVEEN KUMAR
 FORCE NO. 371152
S/O HARI BHAJAN

192: RFN/NA MANJIT KUMAR
 FORCE NO. 5025003
S/O R KUMAR

193: RFN/NA J LUNSO

FORCE NO. 5025910
S/O JIMRI

194: HAV/NA Y MISHRA SINGH
 FORCE NO. 371442
S/O Y IBOBI SINGH

195: HAV/NA W W TSOPOE

FORCE NO. 371439
S/O R WOZAMO
TSOPOE

196: RFN/NA MANUJ DARNAL

FORCE NO. 5024705

S/O RUDRA PRASAD DARNAL

197: HAV/NA AJAY KUMAR TRIPATHI
 FORCE NO. 371347
S/O SHRIDHAR TRIPATHI

198: HAV/NA M P VERMA
 FORCE NO. 370619
S/O LATE RAMJJI LAL VERMA

199: HAV/NA M JHA
 FORCE NO. 370768
S/O LATE P N JHA
                                     Page No.# 20/39


200: HAV/NA MADHU NAIR
 FORCE NO. 370731
S/O APU K NAIR

201: HAV/NA R K TIWARI
 FORCE NO. 370575
S/O JAGDISH PRASAD TIWARI

202: HAV/NA P B DHAR
 FORCE NO. 370562
S/O LATE RAVINDRA KUMAR DHAR

203: HAV/NA A K MISHRA
 FORCE NO. 371419
S/O K K MISHRA

204: HAV/NA DHARAM CHAND
 FORCE NO. 371002

S/O LATE PRABHU RAM

205: RFN/NA VIKASH
 FORCE NO. 5025760
S/O RAMPAL SINGH

206: HAV/NA LAL MUANPUIA

FORCE NO. 371428
S/O LATE DARSUNGUNGGA

207: HAV/NA C K BHARTI
 FORCE NO. 371072
S/O MUKUND RAM

208: HAV/NA SURENDRA SINGH
 FORCE NO. 371148
S/O K. SINGH

209: HAV/NA RABIN DEKA
 FORCE NO. 371280
S/O NARESWAR DEKA

210: HAV/NA RATAN BAHADUR CHHETRY
 FORCE NO. 371279
S/O K.B. CHHETRI

211: RFN/NA BHASKAR JYOTI PEGU
                                  Page No.# 21/39

FORCE NO. 502575
S/O CHANDRA PEGU

212: HAV/NA MANOJ KUMAR PANDEY
 FORCE NO.370585
 S/O KALPANATH PANDEY

213: HAV/NA JAYAN R

FORCE NO. 370961
S/O L RAGHUNATHAN

214: HAV/NA NARENDRA KAUSHIK
 FORCE NO. 371390
S/O JAIPAL SHARMA

215: HAV/NA MUKESH PUROHIT
 FORCE NO. 371431
S/O D PUROHIT

216: HAV/NA PRAKASH PUROHIT
 FORCE NO. 371433
S/O LATE JAYANAND PUROHIT

217: HAV/NA MANEESH KUMAR
 FORCE NO. 371286
S/O AMAR NATH

218: HAV/NA AMRIT MANGAR
 FORCE NO. 371249
S/O C K MANGAR.

219: HAV/NA A I SINGH
 FORCE NO. 371429
S/O A NILA DHGA

220: HAV/NA INDER SINGH
 FORCE NO. 371325
S/O DAGU RAM

221: RFN/NA NAGENDRA YADAV
 FORCE NO. 5024981
S/O MAHENDRA YADAV

222: NAIB/SUB C R SAIKIA
 FORCE NO. 370468
S/O BAPU RAM SAIKIA
                                                      Page No.# 22/39

223: HAV/NA BAKSHI RAM
 FORCE NO. 371180
S/O SHERA RAM

224: RFN/NA MD NURUL HASAN

FORCE NO. 5024877
S/O R. HAQUE

225: RFN/NA SHELKE ANKOSH RAMBHAU
 FORCE NO. 5024938
S/O SHELKE RAMBHAU

226: HAV/NA SHAMMI KUMAR CHATURVEDI
 FORCE NO. 371490
S/O RAMESH KUMAR CHATURVEDI

227: HAV/NA MOASUNEB AO

FORCE NO. 371400

S/O OPANGETEM

228: RFN/NA PRITAM KRISHNA DUTTA GUPTA

FORCE NO. 5028756
S/O PARTHA PRATIM DUTTA GUPTA.
PETITIONERS NO. 1 TO 228 ALL ARE WORKING UNDER COMMAND AND
CONTROL OF DIRECTOR GENERAL
ASSAM RIFLES
HQ DGAR ASSAM RIFLES
SHILLONG
MEGHALAYA
PIN- 793011

VERSUS

THE UNION OF INDIA AND 2 ORS
REP. BY THE SECRETARY TO THE GOVT OF INDIA, MIN OF HOME
AFFAIRS, NEW DELHI- 110001

2:THE DIRECTOR GENERAL

ASSAM RIFLES HQ DGAR ASSAM RIFLES
SHILLONG
MEGHALAYA
PIN - 793011.
                                                                       Page No.# 23/39

            3:THE DEPUTY INSPECTOR GENERAL

             MEDICAL BRANCH
             HQ DGAR
             ASSAM RIFLES
             SHILLONG- 793011
             MEGHALAYA




Advocates for the Petitioners: Mr. M. Mazumder, Advocate.

Advocates for the respondents: Ms. A. Gayan, CGC

Date of hearing :01.05.2025 Date of Judgment:22.05.2025

BEFORE HON'BLE MR. JUSTICE KARDAK ETE JUDGMENT & ORDER (CAV)

Heard Mr. R. Mazumder, learned counsel for the petitioners. And also heard Ms. A. Gayan, learned CGC for the respondents.

2. By instituting this writ petition, the petitioners have prayed for a direction to the respondent authorities to grant the benefit of dress allowance to the petitioners in terms of the Office Memorandum dated 12.01.2018 issued by the under Secretary to the Govt. of India, Ministry of Home Affairs/Grih Mantralaya Police-II Division, New Delhi, by which the dress allowance, consequent to the

decision of the Government of India, on the recommendation of 7 th Central Pay Commission dated 06.07.2017 @ of Rs. 1,800/- (Rupees Eighteen Hundred) only per month in respect of Nursing Personnel of Central Armed Police Forces, Page No.# 24/39

Assam Rifles and National Security Guard along with arrear is granted. The petitioners have also challenged the communication dated 17.05.2019 issued by the Lt. Col (A) for DG AR, whereby, the claim of the petitioners for dress allowance @ of Rs. 1,800/- (Rupees Eighteen Hundred) only per month has been rejected. The ground of rejection is that the dress allowance would be entitled to only those Nursing Personnel, who possess the qualification as mentioned in Office Memorandum Dated 29.01.2018 and their entitled annual dress allowance @ of Rs. 10,000/- (Rupees Ten Thousand) only per year as per Office Memorandum dated 17.08.2017 by informing them only those Nursing Assistant possessing Indian Nursing Council (INC) approved qualification or registration certificate from the State Nursing Council (SNC) are being paid dress allowance.

3. The brief facts of the case are that the petitioners, 228 in numbers, are serving as Nursing Assistant in the Assam Rifles.Vide office Memorandum dated 31.01.2017, the Ministry of Health and Family Welfare had introduced the dress allowances @ of Rs. 1800/- (Rupees Eighteen Hundred) only per month in respect of Nursing Personnel of all categories at all levels working in the Central Government/Union Territory Hospitals/ Institutions and Centrally Funded Autonomous Bodies.

4. On 12.01.2018, vide an office memorandum, the respondent authority was conveyed the decision of payment of dress allowance @ of Rs. 1,800/- (Rupees Eighteen Hundred) only in respect of Nursing Personnel of Central Armed Police Forces, Assam Rifles and National Security Guard. The said Office Memorandum

was issued in terms of the recommendation of the 7 th Pay Commission vide Ministry of Finance's Resolution No.11-1/2016-IC dated 06.07.2017. The said memorandum provides that allowance like Uniform Allowance and Washing Page No.# 25/39

Allowance have been subsumed in dress allowance. The amount of dress allowance shall be credited to the salary of the employees directly once a year in the month of July. The grant of dress allowance which shall be effective from 1st day of July 2017. The rate of dress allowance shall be increased by 25% each time when dearness allowance rises by 50%.

5. It is the contention of the petitioners that since "Nursing Assistant" falls within the meaning of "Nursing Personnel", therefore they are entitled for dress allowance in terms of Office Memorandum dated 12.01.2018. However, the respondent authorities without any cogent reasons have not extended the benefit of dress allowance in terms of the said memorandum to the petitioners.

6. On 26.04.2019, the petitioner no. 1, namely- Dilwar Singh Chauhan, filed a representation before the respondent authority praying for grant of dress allowance. On such representation, the respondent authorities vide dated 17.05.2019 issued the impugned communication informing that dress allowance @Rs. 1800/-(Rupees Eighteen Hundred) only per month would be granted to only those Nursing Personnel who possess Indian Nursing Council approved qualification or registration certificate from the State Nursing Council thereby denied the claim of the petitioners.

7. It is contended by the petitioners that the letter dated 17.05.2019 cannot override the Office Memorandum issued by the Ministry with the concurrence of the Ministry of Finance as the Office Memorandum dated 12.01.2018 does not make any distinction amongst the Nursing Personnel. From the plain reading of the Office Memorandum, it is reflected that all the Nursing Personnel are entitled to dress allowance. There is no classification amongst the Nursing Assistant and no indication for entitlement of dress allowance to have specific qualification required to the Nursing Assistant.

Page No.# 26/39

8. It is contented that it is a settled position of law that Nursing Assistant form an integral part of Nursing Personnel of Assam Rifles and the aforesaid issue is no longer res-integra given the several Judgments of the Hon'ble High Courts, which have been upheld by the Hon'ble Supreme Court. The attempt of the respondent authority to deprive the petitioners from their legitimate allowance, i.e. dress allowance, by formulating a ground of qualification is not permissible in the eyes of law. Since there is no distinction in the Office Memorandum dated 12.01.2018, among the Nursing Personnel with regard to their qualifications, the respondent authorities cannot discriminate the petitioners from their entitlement of dress allowance by taking a plea of non- possessing a certificate from Indian Nursing Council or State Nursing Council.

9. It is contended that vide office memorandum dated 28.07.2009, the Director (Police Finance), Ministry of Home Affairs conveyed the decision of payment of Nursing Allowance to the Nursing Personnel of Central Police Forces at the rate applicable to the Nursing Personnel of Central Government Hospitals. The respondent authorities made an attempt to debar the petitioner from their entitlement of Nursing Allowance by taking a plea that Nursing Assistant are not Nursing Personnel. Being aggrieved by said action of the respondent authorities, Nursing Assistant of Assam Rifles had approached the Hon'ble High Court of Meghalaya, by filing a Writ Petition being WP(C) No. 279 of 2009. The Court has held that Nursing Assistants are integral part of Nursing Staff on the basis of an affidavit filed by respondents, Assam Rifles. The said order was taken to appeal which had been dismissed by the Division Bench and upheld the entitlement of Nursing Allowance to the Nursing Assistant. The respondent authorities thereafter restricted the benefit of the said judgment only to the those writ petitioners in the writ petition, however the same was extended to all the Page No.# 27/39

Nursing Assistant in terms of court order from time to time.

10. It is the contention of the petitioners that Nursing Assistants of Central Reserve Police Force, National Security Guard and the other Central Arms Police Forces are regularly drawing dress allowance in terms of memorandum dated 12.01.2018 @ of Rs. 1,800/-(Rupees Eighteen Hundred) only per month. However, the petitioners have been illegally denied.

11. Mr. R. Mazumder, learned counsel for the petitioners submits that the denial of the dress allowance to the Nursing Assistants serving in the Assam Rifles is an act of discrimination by the respondent authorities among the Nursing Personnel while granting the dress allowance and such discrimination is liable to be struck down,as the petitioners who are Nursing Assistants serving in the Hospitals of the Assam Rifles, are Nursing Personnel and form an integral part of the Nursing Staff of the Assam Rifles and the discrimination being meted out to them with regard to the payment of dress Allowance is not at all justifiable in any view of the matter.

12. He submits that the petitioners, who are Nursing Personnel in the Assam Rifles, are entitled to the dress Allowance, in terms of the Office Memorandum dated 12.01.2018 inasmuch as, they are performing duties related to nursing of patients, as are being performed by other Nursing Personnel in the organization and are also considered to be part of the nursing staff in the organization.

13. He submits that prior to granting the dress allowance, the petitioners were enjoying the Uniform Allowance and Washing Allowance along with other Nursing Personnel of Assam Rifles at par rate enjoyed by other Nursing Assistants. Since the washing allowance and uniform allowance are subsumed with dress allowance, therefore the petitioners, who are working as Nursing Assistant working under the various hospitals of Assam Rifles, are entitled for Page No.# 28/39

dress allowance. Therefore, the respondents are liable to be directed to pay to the petitioners the benefits of dress allowance at par with the other nursing staff from the respective dates of applicability at the prescribed rate as reflected in Office Memorandum dated 12.01.2018.

14. Mr. R. Mazumder, learned counsel has referred and relied upon the judgment and order dated 04.11.2010 passed in WP(C) No. 279/2009, which was upheld by the Division Bench vide judgment and order dated 25.05.2012 passed in Writ Appeal No.1/2011, which relates to entitlement of another allowance given under similar Office Memorandum namely the "Nursing Allowance". By the said order, Nursing Assistants of the respondent Assam Rifles are held to be integral part of the Nursing staff of Assam Rifles and although, they do not have the professional qualification like Nursing Staff Certificate and/or Diploma qualification in Nursing etc., they are entitled for such Nursing Allowance. He has further relied upon the Judgment and Order dated 11.07.2014 passed by the Meghalaya High Court in WA No. 31 of 2014 and other connected matters, where the judgment passed in WA No. 1/2011 was relied upon to hold the petitioners therein, who were also Nursing Assistants, to be entitled to the Nursing allowance with effect from 01.08.1997. He submits that the order dated 11.07.2014 in WA No. 31/2014 was takento an Appeal by the respondents authorities before the Hon'ble Supreme Court and by an order dated 13.04.2015, the same was dismissed, thus upholding the entitlement of Nursing Assistants to allowances applicable to Nursing Personnel without discriminating them on the ground of absence of possession of educational qualifications. When the Nursing allowance was stopped despite dismissal of the appeals, Contempt petitions were filed. Thereafter, the respondents by order dated 30.09.2024 started paying nursing allowances to the Nursing Assistants Page No.# 29/39

claiming the same to have been stopped erroneously.

15. On the other hand, Ms. A. Gayan, learned CGC for the respondents submits that dress allowance of Rs.1800/- (Rupees Eighteen Hundred) only per month is admissible to the combatant/non combatant (Civil Staff) i.e, Sister, Staff Nurse and ANM in Assam Rifles who are holding special professional qualifications at the time of recruitment as per the Ministry of Home Affairs Office Memorandum dated 29.01.2013 wherein, it is clearly stated that "All Nursing personnel are eligible for Nursing Allowance as per the Ministry of Health & Family Welfare's OM No. Z.28015/86/97-N dated 28.07.1998. However, to practice nursing, it is essential to possess Registration Certificate like RN, RM, RANM etc. from the State Nursing Council and also the Indian Nursing Council. Therefore, personnel who possess the approved qualification and RNRM or Registration Certificate from the State Nursing Council, are eligible to practice as Nursing personnel and therefore eligible for Nursing Allowance."

16. She has drawn the attention of this Court to the Office Memorandum dated 17.08.2017 issued by Ministry of Home Affairs wherein, it is stated that Uniform related allowances viz. uniform grant, Kit Maintenance allowance and Washing Allowance have been subsumed in a single Dress Allowance @ Rs. 10,000/- (Rupees Ten Thousand) only annually and granted to all combatant personnel of Assam Rifles and the same was also applicable to the Petitioners as per their qualification and clarification from Ministry vide OM dated 29.01.2013. However, she submits that Nursing Assistant of Assam Rifles does not qualify for grant of dress allowance since they neither possess qualification specified by Indian Nursing Council nor they have Registration Certificate from the State Nursing Council.

17. She submits that the Petitioners were recruited into Assam Rifles as Page No.# 30/39

Rifleman/Nursing Assistant with the educational qualification of Matriculate only and after enrollment they were imparted Nursing Assistant Class-III, II & I courses at Army Hospitals for their further promotion. These courses are not recognized by Indian Nursing Council or State Nursing Council. Therefore, petitioners are not eligible to dress allowance @ Rs. 1800/- (Rupees Eighteen Hundred) only per month. However, they are eligible for grant of Dress Allowance @ Rs. 10,000/- (Rupees Ten Thousand) onlyper annum and the same is being paid to them.

18. She submits that the petitioners do not possess the requisite qualifications for practicing Nursing. Therefore, they are not being entrusted any kind of Nursing Job independently. The charter of duty of the petitioner clearly state that they work under the supervision of Sister/Nurses/Pharmacist as a helper only. The name of trade "Nursing Assistant" category of petitioners also suggests that they are Assistant to nursing personnel viz. Sister/Nurses/ANM etc. As per the qualification prescribed and charter of duty, petitioners are not eligible for grant of dress allowances @ Rs. 1800/- (Rupees Eighteen Hundred) only per month as being paid to nurses only. Therefore, petitioners have not been granted the said allowance and as such claiming the benefit which is not applicable is unwarranted and as such the instant writ petition is liable to be dismissed.

19. Ms. A. Gayan, learned CGC, submits that it is true that the term "Nursing Personnel" includes Nursing Assistant, however for grant of the benefit of dress allowance since due to the condition/prerequisite of possessing registration certificate from INC & SNC by Nursing personnel for grant of Nursing Allowance and Dress Allowance as stated in MHA U.O No. II-27011/44/2008-PF.II dated 29.01.2013, the status of Nursing Assistant of Assam Rifles as a Nursing Page No.# 31/39

personnel is disputed since no individual has been recruited in Nursing Assistant trade on the basis of INC & SNC Certificates nor the same has been mentioned in a requisite qualification in Recruitment Rule published vide GSR 390 dated 04.07.2001.Therefore, the Nursing Assistant of Assam Rifles do not qualify as Nursing Personnel due to lack of INC & SNC certificates, as mandated vide MHA (Police Finance-II) U.O No II-27011/44/2008-PF-II dated 29.01.2013, the grant of said Nursing Allowance has been stopped by CBPO vide letter No CBPO (AR)/Co-ord/2019/1112 dated 15.07.2019 and thus the shadow of doubt has been casted upon the status of Nursing Assistant of Assam Rifles as Nursing Personnel which also makes them ineligible for grant of Dress Allowance.

20. Ms. A. Gayan, learned CGC, has placed reliance on the judgment of the Hon'ble Supreme Court dated 16.01.2023 passed in Civil Appeal No. 172 of 2023 in the case of Union of India and Ors. Vs Rajib Khan & Ors., whereby, the decision of this Court holding and directing the writ petitioner Nursing Assistant shall be entitled to Nursing Allowances at par with the Staff Nurses has been set aside and quashed. The relevant paragraphs are reproduced herein below:-

"5. 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. In the present case the respective Nursing Assistants are being paid 'Hospital Patient Care Allowance'. 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.

Page No.# 32/39

6. In view of the above and for the reason stated above present appeal succeeds. 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 is hereby quashed and set aside. Consequently, the original writ petition filed before the learned Single Judge claiming Nursing Allowance at par with the Staff Nurse stands dismissed. Present appeal is accordingly allowed. No costs."

21. Mr. R. Mazumder, learned counsel for the petitioners rejoining his submission, submits that the above judgment and order dated 16.01.2023 passed in Rajib Khan (Supra), has been modified by the Hon'ble Supreme Court in Miscellaneous Application Dy. No. 17479/2023 as the judgment was not at all pertaining to the services of the Assam Rifles thereby striking off the words "Assam Rifles" in paragraph 5 of the Judgment and the Order dated 16.01.2023 to the extent that the last sentence of paragraph 5 of the Judgment dated 16.01.2023 shall be read as under, which is quoted herein under :-

"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."

22. I have considered the submissions of the learned counsel for the parties and also perused the materials available on record including the Judgment and Order of this Court as well as the Hon'ble Supreme Court as referred and relied by the learned counsel for the parties.

23. The writ petitioners are serving as Nursing Assistants in the Assam Rifles and the grievance is that they are entitled to the dress allowance @ of Rs.1,800/- (Rupees Eighteen Hundred) only per month as per the Office Memorandum dated 12.01.2018 issued by the Government of India, Ministry of Home Affairs. The Office Memorandum reflects that the Nursing Personnel Page No.# 33/39

serving in the Central Armed Forces, Assam Rifles and the National Security Guard w.e.f 01.07.2017 are granted the dress allowance. However, the same has been rejected by the respondent authorities vide impugned communication dated 17.05.2019. The petitioners contends that the said Office Memorandum dated 12.01.2018 pertaining to the dress allowance to the Nursing Personnel of Central Armed Police Force, Assam Rifles and National Security Guards does not specify that such dress allowance @ Rs. 1,800/- (Rupees Eighteen Hundred) only per month are payable only to the those Nursing Personnel of Central Armed Police Forces, Assam Rifles and the National Security Guards having qualification certificate issued by the Indian National Council or registration certificate from the State Nursing Council and the petitioners being an integral part of the Nursing Personnel are entitled to the Dress Allowance.

24. The stand of the respondent authorities is that in terms of the said Office Memorandum dated 12.01.2018, the dress allowances are to be paid to only those Nursing personnel who are possessing Indian Nursing Council approved qualification and RNRM or Registration Certificate from the State Nursing Council as the petitioners, who are serving as Nursing Assistants in the Assam Rifles, does not possess any certificates either from the Indian Nursing Council or RNRM or Registration Certificate from the State Nursing Council, they are not entitled to dress allowance.

25. The Office Memorandum dated 31.08.2017 issued by the Ministry of Health and Family Welfare, Government of India, had declared and allowed Dress Allowance to "Nursing Personnel of all categories at all levels working in Central Government". The Central Government in the Ministry of Home Affairs, Police-II vide dated 12.01.2018 issued an Office Memorandum granting Dress Allowance @ of Rs. 1800/- (Rupees Eighteen Hundred) only per month to the Page No.# 34/39

"Nursing personnel" of Central Armed Police Forces (CAPF), Assam Rifles (AR) and National Security Guard (NSG) specifying that the amount of such Dress Allowance shall be credited to the salary of those Nursing personnel directly once a year in the month of July that covers only the Basic uniform of the employees. The rate of Dress Allowance will go up by 25% each time Dearness Allowance rises by 50%.

26. On consideration of the matter, the issues which arise for consideration of this Court are as to whether the nursing assistants are covered by the term "Nursing Personnel" as given in the Office Memorandum dated 12.01.2018 and whether the professional qualification or absence thereof can be a ground to entitle or disentitle a "Nursing Assistant" from the grant of the Dress allowance.

27. To appreciate, I deem it appropriate to refer to the Office Memorandum dated 12.01.2018, which is extracted herein below:-

No II-27012/36/2017-PF-I (CF No. 3396554) Government of India/Bharat Sarkar Ministry of Home Affairs/Grih Mantralaya Police-II Division (PF-I Desk)

North Block, New Delhi, Dated, the 12th January 2018

OFFICE MEMORANDUM

Sub: Dress Allowance to the Nursing Personnel - Implementation of the recommendations of the Seventh Central Pay Commission - regarding.

Consequent upon the decision taken by the Government of India on the recommendations of the Seventh Central Pay Commission, vide Ministry of Finance's Resolution No. 11-1/2016-IC dated 6th July 2017, in supersession of the existing orders relating to Uniform Allowance and Washing Allowance, which have been subsumed in a single Dress Allowance, the President is pleased to decide the rates of Dress Allowance at the rate of Rs. 1800/- per month in respect of the Nursing personnel of CAPFs, AR and NSG eligible for it.

2. Allowance related to maintenance, washing of uniform are subsumed in Dress Allowance and will not be payable separately.

Page No.# 35/39

3 Further, categories of staff, who were earlier being provided uniforms, will henceforth not be provided with uniforms.

4. The amount of Dress Allowance shall be credited to the salary of the employees directly once a year in the month of July.

5. This allowance covers only the basic uniform of the employees. Any special clothing like that provided at high altitudes, will continue to be provided as per existing norms.

6 The rates of Dress Allowance will go up by 25 percent each time Dearness Allowance rises by 50 percent.

7. Those orders shall be effective from 1st July, 2017.

8. This issues as per MoF's OM No. 19051/1/2017-E.IV dated 02.08 2017, as vetted by IFD of this Ministry vide their Dy. No. CF-3306554/Fin II/2017 dated 12.1.2018

(Joginder Prasad) Under Secretary to the GovtofIndia

28. A bare perusal of the above Office Memorandum reflects that upon

decision of the Govt. of India, on the recommendation of the 7 th CPC in supersession of the existing orders relating to Uniform Allowance and Washing Allowance, which have been subsumed in a single Dress Allowance, it has decided the rate of Dress Allowance @ Rs. 1,800/- (Rupees Eighteen Hundred) only per month in respect of the Nursing Personnel of Central Armed Police Forces, Assam Rifles and National Security Guard eligible for it. It provides that the allowances related inter-alia that the rate of dress allowances will go up by 25 percent each time Dearness Allowance rises by 50 percent and shall come into from 01.07.2017.

29. It is seen that the Government of India has decided to grant dress allowance to the Nursing Personnel on the implementation of the recommendation of the Central Pay Commission w.e.f 01.07.2017 to the Nursing Personnel. The petitioners, who are serving as Nursing Assistants, would fall Page No.# 36/39

under the term Nursing Personnel as held by this Court in the case of Naib Subedar/Nursing Assistant Dijendra Pathak No.370399P and 50 Ors. Vs. The

Union of India and Ors. in WP(C) 279/2009, wherein, the Nursing Assistant are

held to be entitled to the Nursing Allowance, which is quoted herein below:-

"22. The office memorandums referred to above do not make any distinction between the Nursing Staff with diploma and/or certificate and the Nursing Staff without such diploma and/or certificate. Had it been the case the said O.Ms would have specifically spelt out the same. On a total reading of all the O.Ms there is no escape from the conclusion that the NA is applicable to all Nursing Personnel/staff. The respondents them-selves have admitted in their counter affidavit that the Nursing Assistants form integral part of the Nursing Staff, but at the same time have stated that same by itself will not qualify them for grant of NA, without, however, specifying anything as to why they are not entitled to the same being integral part of the Nursing Staff.

24. The expression "personnel" means people employed in an organization or engaged in an organized undertaking. The expression used in various O.Ms is "Nursing Personnel" who are entitled to NA. In the said O.Ms no distinction has been made on the basis of qualification, etc., All pervasive expression used in the O.Ms is that the NA would be applicable to all Nursing Personnel working in Central Government Hospitals. In the Annexure-G O.M dated 28.7.2009 laying down the rate of NA, the GOI in the Ministry of Home Affairs indicated about the applicability of the same to the Nursing Personnel working in Central Government Hospitals including that of Assam Rifles. Although, in paragraph 2 of the O.M; it has been stated that the NA would be applicable only to those Nursing Personnel who are entitled to payment as per their Recruitment Rules and Service Rules, but there is nothing in the RR applicable to Assam Rifles to indicate that NA is applicable only to the Nursing Staff excluding the Nursing Assistants. As discussed above the RR does not through any light on the entitlement of NA. This is precisely the reason as to why the respondents havebased their claim towards denial of NA to the petitioners referring to the prescribed qualifications including professional qualification required for appointment of Nursing Staff under various categories including that of Nursing Assistants. When the O.Ms themselves do not make any distinction on the basis of educational and professional qualification towards Page No.# 37/39

entitlement of NA, in my considered view the authority of the Assam Rifles cannot import something to the said O.Ms to deny the NA benefits to the Nursing Assistants.

25. For all the aforesaid reasons, the prayer of the petitioners in acceptance of the writ petition is allowed. It is hereby declared and ordered that the petitioners are entitled to NA at par with the other Nursing Staff from the respective date of applicability of the same at the prescribed rates. The respondents are directed to provide the petitioners with the benefit of NA as expeditiously as possible, but at any rate not later than three months from today."

30. The said decision was taken to appeal, wherein, the Division Bench has dismissed the appeal and upheld the decision of the learned Single Judge. Thereafter, on appeal filed by the respondent authorities, the same was dismissed by the Hon'ble Supreme Court.

31. This Court in the above case has held that the expression "personnel" means people employed in an organization or engaged in an organized undertaking. The expression used in various Office Memorandums is "Nursing Personnel" who are entitled to Nursing Allowances. As a corollary in the present case, the petitioners being Nursing Assistant would fall under the Nursing Personnel.

32. In the aforesaid Office Memorandum dated 12.01.2018, no distinction has been made on the basis of qualification, etc. The expression used in the Office Memorandum is that the Govt. of India has decided the rates of the dress allowance at the rate of Rs. 1,800/- (Rupees Eighteen Hundred) only per month in respect of Nursing Personnel of Central Armed Police Forces, Assam Rifles and National Security Guard to be eligible for it, consequent upon the decision

taken by the Govt. of India, on the recommendation of the 7 th Central Pay Commission. Therefore, I am of the considered view that the petitioners who are serving as Nursing Assistant would fall within the term Nursing Personnel and thus, entitled to the benefit of Office Memorandum dated 12.01.2018 Page No.# 38/39

relating to dress allowance @ of Rs.1,800/- (Rupees Eighteen Hundred) only per month.

33. The Hon'ble Supreme Court vide judgment dated 16.01.2023 in the case of Union of India Vs. Rajib Khan and Ors in Civil Appeal No. 172/2023 has set aside the Judgment and Order dated 02.11.2021 passed in W.A. No.305/2021, wherein, the learned Single Judge as well as the Division Bench of this Court held and directed that the Nursing Assistant of BSF shall be entitled to Nursing Allowance at par with the Staff Nurse. The Hon'ble Supreme Court has held that the decisions to the facts of the case and 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 and the respective Nursing Assistants are being paid 'Hospital Patient Care Allowance'. The Nursing Assistants in the BSF neither have relevant experience for appointment as Staff Nurse nor do 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, it has been held that the decision of the High Court has held to be erroneous wherein, the Nursing Assistants serving in the Assam Rifles/BSF are entitled to Nursing Allowance at par with the Staff Nurses. However, vide order dated 24.07.2023 in Miscellaneous Application No.17479/2023 in the Civil Appeal No.172/2023, the words "Assam Rifles" have been struck off, by modifying the judgment dated 16.01.2023, which clearly indicates that the above Judgment dated 16.01.2023 passed in Civil Appeal No. 172/2023 by Hon'ble Supreme Court pertains only to the Nursing Assistant serving in the BSF and not to the Assam Rifles.

34. It is true that, it cannot be said that the education qualification cannot be Page No.# 39/39

ground for denial of the allowances to the Nursing Assistant, which benefits the Nursing Staff are being provided. However, since the Nursing Personnel has been held to includes the Nursing Assistant by this Court, which has been upheld by the Hon'ble Supreme Court by dismissing the appeal of the respondent authorities and the Office Memorandum dated 12.01.2018, clearly reflects the dress allowance to the Nursing Personnel of the Assam Rifles, it would be unjust if the Nursing Assistants are not provided with the dress allowance.

35. In view of the discussion made herein above, I am of the considered view that the petitioners are entitled to be granted the dress allowance as per the Office Memorandum dated 12.01.2018 @ of Rs.1,800/- (Rupees Eighteen Hundred) only per month. Accordingly, the respondent authorities are directed to grant dress allowance to the petitioners who are serving as Nursing Assistants in the Assam Rifles @ of Rs.1,800/- (Rupees Eighteen Hundred) only per month, as per the Office Memorandum dated 12.01.2018 w.e.f. from 01.07.2017. Consequently, the communication dated 17.05.2019 issued by the Lt. Col Col (A) for DG AR is hereby set aside and quashed.

36. Writ petition stands allowed and disposed of, accordingly. However, no order as to cost(s).

JUDGE

Comparing Assistant