UNION OF INDIA Vs. RAJIB KHAN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 2/11/2021 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 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 petition. The appeal preferred by the appellants before the Division Bench of the High Court has been dismissed by the impugned judgment and order. Hence, the present appeal.

(3.) 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.