Central Administrative Tribunal - Madras
Association Of Railway Nurses Of India vs Southern Railway on 13 December, 2023
1 OA No.310/00324/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00324/2022
Dated this Wednesday, 13th day of December, of Two Thousand
Twenty Three
CORAM :
HON'BLE MR M. SWAMINATHAN JUDICIAL MEMBER
1. Association of Railway Nurses of India
(Regd No.S/464/2013)
rep by its Secretary,
No.53/2 Vasantha Garden,
II Lane, Ayanavaram,
Chennai.
2.N. Aboobacker,
S/o Alikutty Nharakkodan,
Nursing Superintendent,
Head Quarters Railway Hospital,
Southern Railway,
Perambur, Chennai. .. Applicants
By Advocate M/s R. Pandian & Saravana Prakash S.
Vs.
1.Union of India
rep by the General Manager,
Southern Railway,
Park Town, Chennai.
2.Principal Chief Personnel Officer,
Southern Railway,
Park Town, Chennai. .. Respondents
By Advocate Ms. Meera Gnanasekar
2 OA No.310/00324/2022
ORAL ORDER
(Pronounced by The Hon'ble Mr. M. Swaminathan, Judicial Member) The Association of Railway Nurses of India rep. by its Secretary and one N. Aboobakcer who is the member of the said Association have filed the OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
" to call for all the records leading to the issue of Orders bearing
1. No. P(S)451/A/VIII/4/Vol.III dated 2012.2017; and
2. No.P(S) 451/A/VIII/4/Vol.IVdated 02.07.2018 both passed by the Principal Chief Personnel Officer, Southern Railway (2nd respondent), denying the incentive in the form of two advance increments to Staff Nurses/Nursing Staff who were appointed with B.Sc.(Nursing), to quash the above mentioned Orders dated 20.02.2017 & 02.07.2018 passed by the 2nd respondent, holding them unlawful and passed without any authority;
to direct the respondents to grant incentive in the form of two advance increments to Staff Nurses/Nursing Staff appointed with B.Sc(Nursing) as qualification as per Para 160(2)(iii) of Indian Railway Establishment Manual, Vol.I(1989 Edition) with effect from the date of appointment; and to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus to render justice."
2. Brief facts as submitted by the applicants are as follows:
The 1st applicant is a Registered Association espousing the cause of 3 OA No.310/00324/2022 its members who are serving under the respondents as Nursing Staff. The grievance of the applicants is that the incentive of granting two additional increments for possessing B.Sc in Nursing (Qualification Pay) to its members who have joined serving during or after 2012, in Southern Railway Head Quarters Hospital,whereas other Zonal Railways Continue to pay the said incentive. The representation submitted by the members of the Association during July 2021 has not been responded to by the respondents till date. Hence the applicants filed the OA for intervention of this Tribunal.
3. Heard Mr. R. Pandian, the learned counsel for the applicants and Ms. M. Meera Gnanasekar, the learned counsel for the respondents and perused the pleadings and the materials placed on record.
4. The learned counsel for the applicants contended that the impugned orders were passed without considering the rule position and claiming that the incentive is admissible to the applicants as per the instructions contained in Railway Board's RBE 148/2015. It is further contended by the learned counsel that the said Circular of the Railway Board is not a new policy circular, but a clarification on references being received from a few Zonal Railways as to "whether the Nursing Staff possessing B.Sc. (Nursing) are entitled for the benefit of two additional increments after the 4 OA No.310/00324/2022 implementation of the 5th CPC Pay Scales w.e.f. 01.01.1996. According to him, the said Circular is a clarification that the Scheme was extended beyond 01.01.1996 as per RBE 37/2005 and without any change in the terms and conditions as applicable earlier. Para 1 of RBE 37/2005 clearly states that the Nursing Staff were extended the benefit of two additional increments in terms of IREM (Vol.I), 1989 Edition. Therefore, the learned counsel prayed for allowing the OA.
5. Per contra, the learned counsel for the respondents submitted that possession of B.Sc. Degree in Nursing is the prescribed minimum basic qualification for the post of Staff Nurse in terms of Para 160 (2) (1) of Indian Railway Establishment Manual, Vol.I (1989 Edition). The learned counsel for the respondents further contended that as the applicants were appointed in Railways as Staff Nurse based on their B.Sc.(Nursing) Degree qualification only, they are not eligible for grant of two additional increments as per the extant rules. It is also pointed by the learned counsel that the Nursing Staff who are appointed in the Railways on or after 14.03.2012 with B.Sc (Nursing) as an additional qualification are only extended the benefit of two additional non absorbable increments. Hence, he prayed for dismissal of the OA.
5 OA No.310/00324/2022
6. The applicant has filed a rejoinder reiterating the contentions made in the OA.
7. During the hearing, learned counsel for the applicants drew the attention of this Tribunal to the order dated 5.11.2014 passed by the Jaipur Bench of this Tribunal in OA.829 of 2013 and also the order dated 12.02.2015 of the Jodhpur Bench of this Tribunal in OA 13 of 2014 wherein an identical issue has been dealt with and held that "the provisions of Para 160 of the IREM clearly mentions that the incentive of 2 advance increments would be available to staff nurses who possess the degree in nursing at the time of recruitment or acquire subsequently that degree. This clearly shows that intention behind this is that even those staff nurses who do not possess a degree in nursing at the time of recruitment but acquire subsequently would be given two advance increments as an incentive. This provision also does not lay down any time limit for acquiring the degree in nursing after recruitment to enable staff nurses for this benefit of two advance increments."
8. In fact, Railway Board's letter dated 23.11.2014 issued under RBE No.148/2015 which is at A.4 of the OA clearly states as follows:
"3. Subsequently, on implementation of Fifth CPC Pay 6 OA No.310/00324/2022 scales, the aforementioned Scheme regarding grant of two additional increments to the Nursing Staff holding B.SC Nursing as additional qualification was reviewed and in consultation with Ministry of Health and Family Welfare, it was decided to continue the Scheme. Necessary instructions in this regard were issued vide Board's letter dated 28.2.2005 (RBE No.37/2005). Evidently, the said Scheme for grant of two additional increments has continued even after 01.01.1996 without any change in the terms and conditions as applicable earlier."
As rightly pointed out by the learned counsel for the applicant, para 160 (2) (iii) of IREM Vol. I clearly states as follows:
"(iii) Incentive: Staff Nurses, Nursing Staff, Matrons and Chief Matrons who possess at the time of recruitment or acquire subsequently a degree in Nursing will be granted two advance increments."
9. It is seen that the orders passed by the coordinated Benches of this Tribunal on a similar issue have been implemented by the respondents, When it was put forth to the learned counsel for the respondents, he could rebut the same. Therefore, in my considered opinion, the applicants in the present OA are entitled for the relief sought for by them.
10. In the result, the impugned orders dated 20.12.2017 and 02.07.2018 are quashed and set aside. The respondents are directed to grant incentive in the form two advance increments to the applicants with effect from their date of appointment as prayed for in the OA. The said exercise shall be 7 OA No.310/00324/2022 complied with, within a period of 3 months from the date of receipt of a copy of this order.
11. The OA is allowed in the above terms. No order as to costs.
(M. SWAMINATHAN) MEM BER(J) 13.12.2023 mas