V S GOKHALE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India filed by four petitioners. Petitioners Nos. 1 and 2, viz. Kum. V. S. Gokhale and Smt. M. L. Sawant were working as Assistant Superintendents while petitioners Nos. 3 and 4, viz. Kum. N. V. Mankikar and Smt. S. N. Shaikh were working as Health Visitors in various Institutions at Surat. As per the policy of the respondent-Government, the nurses are provided messing allownace and said messing allowance is awarded to them by passing various Government Resolutions from time to time. Accordingly, all the trained nurses get messing allowance as per the Government Resolutions. It is the case of the petitioners that as they were transferred and posted respectively as Assistant Superintendents and Health Visitors at Surat, their messing allowance was stopped by respondents Nos. 1 and 2 though the same was paid to similarly situated other trained nurses. Hence they have come to this Court to direct the respondents to grant messing allowance from the date it was discontinued.

(2.) The notice of this petition was served upon the respondents but no reply-affidavit is filed by either of the two respondents opposing the claim of the petitioners. I have heard Mr. J. F. Shah the learned Advocate for the petitioners at length. Neither the respondents nor the learned Advocate for the respondent is present.

(3.) The petitioners have produced a Government Resolution bearing No. NUR. 1069-897 Chh dated 13-12-72 as Annexure-B to the present petition. Said Resolutions mentions that increase in the messing allowance to various categories of Nursing personnel in the Medical and Public Health/ Establishment(Medical Department and Ayurvedic Department) has been considered and the existing rate of Rs. 45/- p.m. was increased to Rs. 60/- p.m. from 1-4-1972. Therefore the said Government Resolution makes it clear that Nursing personnel are entitled to get messing allowance. There is no dispute that the petitioners are Nursing personnel.