Service Law – Entitlement to Nursing allowance – Respondents were working as Nursing Assistants in BSF and were paid “Hospital Patient care Allowance” – Respondents claimed to be entitled to “Nursing Allowance” at par with Staff Nurses – Single Judge of the High Court held that similar duties performed by Staff Nurses & Nursing Assistants, thus respondents are entitled to Nursing allowance – It also held that educational qualification cannot be a ground for denial of Nursing Allowance – Division Bench of the High Court dismissed the appeal preferred by the appellant-Union of India – On appeal, held: The Nursing Assistants in the BSF neither have relevant experience for appointment as Staff Nurse nor they possess any educational qualification for appointment as Staff Nurse – Therefore, the case of Nursing Assistants cannot be compared with that of the Staff Nurses as both carry different educational qualification – Under the circumstances, the High Court has committed a serious error in holding and directing that the Nursing Assistants serving in the BSF are entitled to Nursing Allowance at par with the Staff Nurses.
Allowing the appeal, the Court
HELD: 1. The Nursing Assistants in the BSF neither have relevant experience for appointment as Staff Nurse nor they possess any educational qualification for appointment as Staff Nurse. Therefore, the case of Nursing Assistants cannot be compared with that of the Staff Nurses as both carry different educational qualification. Under the circumstances, the High Court has committed a serious error in holding and directing that the Nursing Assistants serving in the Assam Rifles/BSF are entitled to Nursing Allowance at par with the Staff Nurses. [Para 5][1013-G-H; 1014-A-B]
Punjab State Cooperative Milk Producers Federation Limited and Another versus Balbir Kumar Walia and others (2021) 8 SCC 784; Director of Elementary Education, Odisha and Others versus Pramod Kumar Sahoo (2019) 10 SCC 674; Secretary Department of Personnel Public Grievances & Pension & Anr. Versus T.V.L.N. Mallikarjuna Rao, (2015) 3 SCC 653: [2014]
13 SCR149 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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