VidhiSangh

Supreme Court of India · 16/01/2023

THE UNION OF INDIA & ORS. versus RAJIB KHAN & ORS.

[2023] 1 S.C.R. 1009 · 2023 INSC 41

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Summary

Nursing Assistants in BSF hospitals already received a Hospital Patient Care Allowance. They obtained a Gauhati High Court direction that they be paid the Nursing Allowance given to Staff Nurses, on the ground that they performed similar duties and that qualifications could not justify different treatment. The Supreme Court reversed. Following Mallikarjuna Rao, Punjab State Cooperative Milk Producers Federation and Pramod Kumar Sahoo, it held that differences in educational qualification and experience can lawfully justify different pay and allowances, even where the work is broadly similar. Nursing Assistants hold a one-year qualification, not the four-year course, and lack nursing council registration. They are therefore not comparable with Staff Nurses.

Issues

  1. Whether Nursing Assistants in the BSF, whose educational qualifications differ from those of Staff Nurses, are entitled to Nursing Allowance at par with Staff Nurses.

Provisions considered

Held

Result

Civil Appeal No. 172 of 2023 allowed; the Gauhati High Court judgment dated 02.11.2021 in W.A. No. 305 of 2021 and the Single Judge's order quashed and the writ petition claiming Nursing Allowance at par with Staff Nurses dismissed; no costs.

Judgment PDF: Supreme Court of India, [2023] 1 S.C.R. 1009.