LAWS(GAU)-2010-11-69

NAIB SUBEDAR/NURSING ASSISTANT DIJENDRA PATHAK AND 50 ORS Vs. UNION OF INDIA (UOI) THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS, DIRECTOR GENERAL AND DEPUTY INSPECTOR GENERAL, MEDICAL BRANCH

Decided On November 04, 2010
Naib Subedar/Nursing Assistant Dijendra Pathak And 50 Ors Appellant
V/S
Union Of India (Uoi) Through Secretary, Ministry Of Home Affairs, Director General And Deputy Inspector General, Medical Branch Respondents

JUDGEMENT

(1.) The claim made in the writ petition by the Petitioners who are Nursing Assistants working in the Hospitals of Assam Rifles, is for Nursing Allowance on the basis of orders issued from time to time by the authorities. Be it stated here that the Petitioners are in the combatised category. Their grievance is that they have been deprived of Nursing Allowance (hereinafter referred to as "NA") although they are entitled to the same at par with other nursing personnel/staff working in other forces.

(2.) Tracing back the history of grant of NA to the nursing personnel, it has been stated in the writ petition that the Government of India in the Ministry of Health and Family Welfare by its letter dated 4.1.1988 conveyed the grant of NA @ 150.00 per month to all the nursing personnel of all categories at all levels working in the Central Government Hospitals/ Institutions etc. with effect from 1.10.1986. The rate of NA was revised to Rs. 300.00per month with effect from 1.8.1997 and thereafter to Rs. 1600.00with effect from 15.7.1998. In this connection the Petitioners have referred to the Annexure-A order dated 28.7.1998 issued by the Government of India in the Ministry of Health and Family Welfare (Department of Health). For a ready reference the same is quoted below :

(3.) This issues with the approval of JS(FA) vide Dy. No. 3095/98-JS(FA) dated the 23.7.98.