DAULEN BAXLA & OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge has been made to the inaction of the opposite parties for not releasing the differential arrear salary with regard to the 6th Central Pay Commission right from 1.1.2006 to 12.1.2017.

(2.) The labyrinth of the factual matrix leading to the writ petition is that the petitioners are working as Assistant Matron, Nursing Sisters and Staff Nurse in the Swami Vivekanand National Institute of Rehabilitation Training and Research (in short 'SVNIRTAR') At-Olatpur, District-Cuttack. The said institution is under the Ministry of Social Justice & Empowerment, Government of India.

(3.) It is alleged inter alia that the 6th Central Pay Commission (in short 'CPC') of 2008 recommended Grade Pay for Nursing staff which has been accepted by the Government of India and said recommendation was effective from 1.1.2006. The Grade Pay for Assistant Matron is Rs.5,400/-, for Nursing Sister is Rs.4,800/- and for Staff Nurse is Rs.4,600/- which are found in Section 11 Part-B of the 6th C.P.C. But inadvertently applying Part-A of 6th CPC relating to Ministerial staff, the Staff Nurses and Nursing Sisters are paid Grade Pay of Rs.4,200/- instead of Rs.4,600/- and Rs.4,800/- respectively and Assistant Matron is paid Rs.4,600/- instead of Rs.5,400/-. Representations were made since 2009 by the petitioners to the Executive Council of the SVNIRTAR. The Executive Council approved the proposal and sent the proposal to the Ministry under letter dated 10.10.2013 and the Ministry asked about the financial implication. Thereafter NIRTAR sent necessary information vide Annexure-2. Since no action was taken on the letter of the Director of the SVNIRTAR, even if all Central Government Nursing staff having equal qualification of the petitioners were receiving same benefit, the petitioners had to file W.P.(C) No.17207 of 2015 for implementation of the 6th CPC recommendation as enumerated in Section 11 Part-B relating to Grade Pay of Nursing Staff with effect from 1.1.2006. On 5.10.2015 this Court considering the limited nature of grievance disposed of the writ petition directing the opposite party No.1 to take decision on the recommendation made by the Director, opposite party No.3 within a period of three months. Since no action was taken in spite of the order of this Court, the petitioners filed contempt petition bearing CONTC No.1648 of 2016. Thereafter notice was issued to the opposite parties. After receiving notice on Contempt petition, the opposite party No.1 issued order on 13.1.2017 to upgrade the Grade Pay in accordance with Section 11 Part-B with effect from 1.1.2006 notionally and to award the actual financial benefit from 13.1.2017.