Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Entitlement to Nursing allowance Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | 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. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 41 |
Petitioner | The Union Of India & Ors. |
Respondent | Rajib Khan & Ors. |
SCR | [2023] 1 S.C.R. 1009 |
Judgement Date | 2023-01-16 |
Case Number | 172 |
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