JOGINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner who is presently serving as Rifleman (Nursing Assistant) is before this Court with a prayer for release of the Nursing Allowance as admissible from the date of his remustration, from the post of Rifleman (General Duty) to the post of Rifleman (Nursing Assistant) w.e.f. 16/1/2002.

(2.) Ms. A.P. Kharsahnoh, learned counsel for the writ petitioner submits that the entitlement of the petitioner cannot be denied, inasmuch as, though remustration was effected on 23/1/2020, the same was with retrospective effect from 16/1/2002 when the Scheme of payment of Nursing Allowance to the Nursing Assistants of Assam Rifles was still in operation, which however came to the discontinued from 1/9/2019, as per the directions of the Ministry of Home Affairs. She further submits that the denial of this allowance to the petitioner, which is his just entitlement, is arbitrary and has caused financial loss.

(3.) Dr. N. Mozika, learned DSG assisted by Ms. S. Rumthao, learned counsel for the respondents submits that the Nursing Allowance to the Nursing Assistants of the Force had been introduced w.e.f. 1/8/1997, but however, as these Nursing Assistants were found to be not registered with the Indian Nursing Council or State Nursing Council, the said allowance to such Nursing Assistants was discontinued by the respondents from 1/9/2019. He however, concedes to the fact that whatever retrospective entitlements, the petitioner shall be entitled to the same for the period when the said Scheme was still in operation.