C.T. Ravikumar JUDGMENT
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 02.11.2021 passed by the High Court of Gauhati in WA No. 305 of 2021 by which the High Court has dismissed the said appeal preferred by the Appellants herein-Union of India and others, not interfering with the judgment and order passed by the learned Single Judge allowing the writ petition and holding that the original writ Petitioners are entitled to Nursing Allowance, the Union of India and others have preferred the present appeal.
2. That the Respondents herein are working as the Nursing Assistants in various hospitals under the establishment of Border Security Force. All of them were being paid the 'Hospital Patient Care Allowance'. According to the original writ Petitioners they were entitled to the Nursing Allowance like it was being given to the Staff Nurse. Therefore, a writ petition was filed before the High Court. The claim of the original writ Petitioners claiming Nursing Allowance at par with the Nursing Staff was opposed by the Appellants containing inter alia that they are being paid the special allowance known as 'Hospital Patient Care Allowance' and are not entitled to the Nursing Allowance at par with Staff Nurses as they are not qualified as a Staff Nurse. However, the learned Single Judge negated the objection of the Appellants-BSF by observing that the duties performed by the writ Petitioners are the similar duties performed by the Staff Nurses. Learned Single Judge observed that educational qualification cannot be a ground for denial of Nursing Allowance. Consequently, the learned Single Judge allowed the writ petition. The appeal preferred by the Appellants before the Division Bench of the High Court has been dismissed by the impugned judgment and order. Hence, the present appeal.
2.1. Ms. Madhavi Divan, learned ASG has vehemently submitted that in the facts and circumstances of the case the High Court has committed a serious error in holding that the original writ Petitioners - Nursing Assistants are entitled to the Nursing Allowance at par with the Staff Nurses.
2.2. It is submitted that so far as the qualification of the Staff Nurses is concerned, it is four years course and so far as the Nursing Assistants are concerned, they have completed only one year course which is the requirement for the post of Nursing Assistants. It is submitted that therefore, when the original writ Petitioners - Nursing Assistants are not eligible for appointment as Staff Nurses and the educational qualification being different, they shall not be entitled to claim the Nursing Allowance at par with the Staff Nurses.
2.3. It is further submitted that the High Court has not properly appreciated the fact that the Nursing Assistants in the BSF do not have the relevant experience and qualify only 6 months duration of Nursing Assistant Cadre and later absorbed in BSF Para Medical Set up. It is submitted that the Nursing Assistants also do not possess any registration certificate issued by the State Nursing Council and the Indian Nursing Council and therefore, they do not posses........