Central Administrative Tribunal - Bangalore
Puttaswamy G vs National Tuberculosis Institute on 13 June, 2025
1
O.A.No.170/00357/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION No.170/00357/2024
Order Reserved on: 6.6.2025
Date of Order: 13.06.2025
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE DR. SANJIV KUMAR, MEMBER (A)
Puttaswamy G
S/o.Sri.Govinde Gowda
Aged 39 years, Working as Health Visitor
National Tuberculosis Institute
'Avalon', No.8, Bellary Road
Bengaluru-560 003, residing at
#36, NTI Staff Quarters
2nd Floor, 6th Block, Palace Guttahalli
Bengaluru-560 003 ...... Applicant
(By Advocate: Shri.A.R.Holla)
Vs.
1. Union of India
By Secretary
Ministry of Health & Family Welfare
Room No.156A, Nirman Bhavan
New Delhi - 110 011
2. The Deputy Director General (TB)
Central TB Division
Ministry of Health & Family Welfare
No.3, Jeevan Vihar Building
Sansad Marg, Connaught Place
New Delhi -110 001
SHAINEY VIJU
SHAINEBangalore
CAT
Y VIJU 2025.06.18
13:27:26+05'30'
2
O.A.No.170/00357/2024/CAT/BANGALORE
3. The Director
National Tuberculosis Institute
Avalon No.8, Bellary Road
Bengaluru-560 003 ......Respondents
(By Advocate Shri.K.Gajendra Vasu for Respondent Nos.1 to 3)
ORDER
PER: DR. SANJIV KUMAR, MEMBER (A)
This Original Application is filed under Section 19 of the Administrative Tribunals Act 1985, claiming the following reliefs:
"(i) Quash order F.No.P/5/2010- 2024/NTI/Estt/575 dated 07.06.2024, issued by the respondent No.3, Annexure A-14 and
(ii) Direct the respondents to restore payment of Nursing Allowance to the applicant with effect from 01.06.2023 at the rate of Rs.7200/- per month with the payment of interest at 12% p.a on the amount due and
(iii) Grant such other relief deemed fit, having regard to the facts and circumstances of the case."
2. The reliefs are claimed based on the grounds as mentioned in paragraphs 5(i) to 5(iv) of the Original Application. The basic facts of the case are not denied. The applicant has been working as 'Health Visitor' at the National Tuberculosis Institute, Bengaluru, since 26.04.2010. He has a Diploma in General Nursing and Midwifery SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 3 O.A.No.170/00357/2024/CAT/BANGALORE Nursing and registered his name with the Karnataka Nursing Council. He was paid Nursing Allowance at the rate prescribed by the Government from time to time and has been getting Rs.7200/- per month since 01.01.2016. Based on the audit observations, the payment of Nursing Allowance has been suspended temporarily from 16.06.2023 till a clarification is received from the competent authority. Thereafter, respondent No.2 clarified that the Nursing Allowance can be paid to those who possess the prescribed qualification. The applicant has been representing for restoration of payment of Nursing Allowance and the same has not been restored.
3. In the above circumstances, the applicant approached this Tribunal earlier in O.A 170/210/2024 seeking direction to the respondents to restore payment of Nursing Allowance. This Tribunal, by an order dated 28.3.2024, disposed of O.A 170/210/2024, directing the respondent No.3 to take an appropriate decision in accordance with law by passing a reasoned and speaking order. Thereafter, respondent No.3 passed an order dated 7.6.2024 holding that the nursing allowance cannot be granted to the applicant. Aggrieved by the same, this Original Application is filed.
SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 4 O.A.No.170/00357/2024/CAT/BANGALORE
4. On notice, the respondents have filed their reply statement to the O.A. Thereafter a rejoinder has been filed by the applicant.
5. The case came up for final hearing on 6.6.2025. Shri.A.R.Holla for the applicant and Shri.Gajendra Vasu for the respondents were present and heard.
6. We have carefully gone through the entire record and considered the rival contentions.
7. Let us take one by one the grounds of relief as mentioned in the Original Application.
In paragraph 5(i), the applicant mentions that the impugned order dated 7.6.2024, Annexure A-14, holding that the applicant cannot be granted Nursing Allowance, is not sustainable in law. The payment of Nursing Allowance has been suspended on the grounds that, as per the audit observations, some employees who are not in continuous routine contact with patients have been paid the said allowance. It is not correct.
In paragraph 5(ii), the applicant mentions that Respondent No.3 has stopped the payment of Nursing Allowance, contrary to the directions from the Ministry of Health and Family Welfare. The respondent No.3 has disallowed the payment of the same based on the SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 5 O.A.No.170/00357/2024/CAT/BANGALORE audit observations and the recommendations of a committee constituted by him, disregarding the instructions of the Government and Pay Commission recommendations as accepted by the Government from time to time. Instead of scrutinizing the claims for payment of the allowance, the concerned authority has stopped the payment of the allowance itself. There is no justification for suspending the payment of nursing allowance and thereafter discontinuing the same. The recommendations of the internal committee have no statutory force and are neither binding on the applicants nor the respondents.
In paragraph 5(iii), the applicant mentions that the audit report requires to be considered, and a proper explanation is to be given to the satisfaction of the auditors. The observations of the audit cannot be implemented straight away without examining it properly. The instructions issued by the Ministry are to be followed in the matter. The payment of Nursing Allowance is regulated by Government orders as per the Successive Pay Commission recommendations. These recommendations have been accepted by the Government from time to time and, as such, have the force of law. The applicant is entitled to the benefit of Nursing Allowance accordingly. SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 6 O.A.No.170/00357/2024/CAT/BANGALORE In paragraph 5(iv), the applicant mentions that there is no justification to stop the payment of Nursing Allowance for which the orders were issued by the Ministry. The respondent No.3 defied the instructions issued by the Government in the matter.
8. On closer scrutiny, all these grounds appear to be non-specific as the applicant has not shown us clearly how the Pay Commission recommendations and its acceptance and Ministry's instructions make the applicant entitled to the Nursing Allowance. At the time of argument, the applicant's counsel emphasized that his right flows from Annexure A-1 which is a document dated October, 1992 with the subject "Sanction of uniform allowance to NTI, Bangalore, Staff-reg." in Order No.Z 28013/3/89-TB issued from the office of the Directorate General of Health Services (TB Section) which reads the following:
" Subject: Sanction of uniform allowance to NTI, Bangalore, Staff-reg.
Sir, I am to refer to your letter no.1- 19/68/Estt./5561, dated 5.1.89 and 9.8.91 and this Dte, letter No.Z 28013/3/89-TB, dated 27.2.90 on the subject mentioned above and to say that the Registered Nursing Personnel such as Public Health Nurse, Sister Tutor and Health Visitor/Lady Health Visitor in NTI, Bangalore are also eligible for Nursing Allowance/Washing Allowance under SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 7 O.A.No.170/00357/2024/CAT/BANGALORE the provision of Ministry of Health & Family Welfare, sanction No.Z.28016/2/87-PMS dated 11.2.87 & Z.28016/3/87-PMS dated 11.2.87 and Z.28016/4/87-PMS dated 11.2.87. "
9. Simple examination of this document shows that clearly, in the document, the relevant Directorate General of Health Services under the Ministry issued this letter saying that the registered Nursing Personnel such as Public Health Nurse, Sister Tutor and Health Visitor/Lady Health Visitor in NTI Bangalore are also eligible for Nursing Allowance/Washing Allowance under the provision of Ministry of Health & Family Welfare sanctioned by Z.28016/2/87- PMS dated 11.2.87 & Z.28016/3/87-PMS dated 11.2.87 and Z.28016/4/87-PMS dated 11.2.87. This is narrated in paragraph 4.1 of the facts sheet in the Original Application.
10. To which, in the reply statement, the respondents mentioned that the order dated October,1992 was issued by the respondent no.2 as per the extant eligibility of employees for grant of Nursing allowance based on Ministry of Health and Family Welfare order dated 11.2.1987. The Ministry of Health & Family Welfare, Government of India, issues orders to amend the eligibility criteria for the grant of Nursing Allowance from time to time. Subsequently, the Ministry of Health and Family Welfare vide O. M No.Z-28015/71/2008-N dated SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 8 O.A.No.170/00357/2024/CAT/BANGALORE 19.11.2008 (Annexure R-1) and O.M No.Z-28015/50/2017-N dated 31.08.2017 (Annexure R-2) has amended the eligibility criteria for grant of Nursing Allowance. As per the mentioned O.Ms dated 19.11.2008 & 31.08.2017, Nursing Allowance will be payable to all Nurses working in dispensaries or in hospitals. However, NTI is basically a Training and Research Institute and not a hospital or dispensary and is not involved in any sort of Nursing care services and, hence, the said allowance is not admissible to the respondent institute.
11. No specific para-wise reply has been given to para. 4.1 of the reply statement in the rejoinder of the applicant; except mentioning that the applicant has been working as 'Health Visitor' under respondent No.3. The proposal for payment of 'patient care allowance' to Health Visitors and others was mooted by the respondent No.3 seeking approval from the Ministry of Health and Family Welfare vide letter dated 1.5.1995. A copy of the said letter is produced as Annexure A-
15. The payment of 'patient care allowance' was sanctioned by several other institutes apart from the National Tuberculosis Institute, Bengaluru, as can be seen from the order dated 2.1.1999 from the Ministry of Health and Family Welfare. A copy of the said order is SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 9 O.A.No.170/00357/2024/CAT/BANGALORE produced as Annexure A-16. The respondent No.3 has given justification for sanctioning the Patient Care Allowance for non- ministerial staff of the respondent No.3 Institute in a letter dated 21.5.1999. A copy of the said letter is produced as Annexure A-17. Based on these documents, the applicant wants to say that, having regard to the facts on record, there is no justification to stop the payment of nursing allowance to the applicant.
12. The applicant submits that the competent authority to sanction the payment of patient care allowance is the Ministry of Health and Family Welfare. The rate of allowance has been enhanced from time to time based on recommendations of the Central Pay Commission recommendations as accepted by the Government of India. Therefore, the stoppage of Nursing Allowance based on the recommendations of the committee constituted by the respondent No.3 is without the authority of law. The respondent no.3 has suspended the payment of Nursing Allowance initially in terms of the order dated 16.6.2023 (Annexure A8) relying on the audit observations and thereafter stopped the payment of the same in terms of the order dated 7.6.2024 Annexure A14 disregarding the instructions of the Government in the said matter. SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 10 O.A.No.170/00357/2024/CAT/BANGALORE
13. The applicant emphasizes that the patient care allowance is being paid in several institutions in the country, as can be seen from Annexure A-16. Hence, the stoppage of payment of the patient care nursing allowance in the case of the respondent No.3 institute only amounts to hostile discrimination. The respondent no.3 has erred in modifying instructions with regard to payment of patient care nursing allowance, contrary to the directions issued by the Government. The applicant further emphasizes that the essential qualifications required for the post of Health Visitor have been stated in the document in Annexure R4. The applicant asserts that the view taken by the respondent no.3 is contrary to the contents of Annexure R4 and without application of mind. There is no justification to discontinue the payment of nursing allowance to the applicant.
14. We have gone through Annexure A-15, which is dated 1st May 1995, which reads the following:
" Sub: Grant of Patient Care Allowance to the staff of N.T.I. Bangalore - Reg.
Sir, I am to state that Group C and D staff of C.G.H.S Bangalore have been sanctioned Patient Care Allowance at the rate of Rs.170/-P.M. with effect from 1.4.1989. The staff of N.I.C.D. and other health organisations functioning under the SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 11 O.A.No.170/00357/2024/CAT/BANGALORE Directorate are also paid Patient Care Allowances. But this facility has not been extended to the staff of this Institute. The following categories of staff of this Institute come under the purview of the Patient Care from the stage of diagnosis, follow up and treatment.
1. Health Visitors
2. Laboratory Technicians
3. X-ray Technicians
4. Epidemiological Section Staff
5. Sociological Section Staff It is, therefore, requested that the discrimination meted out to the staff of this Institute by not extending this facility may be rectified expeditiously. After rectifying and issue of the necessary orders, the proposal for higher revision of Patient Care Allowance may be sent to Vth Central Pay Commission for further consideration."
This is a letter addressed by the Director, N.T.I, Bangalore, to the Director General of Health Services, T.B.Section, Nirman Bhavan, New Delhi for grant of patient care allowance to the staff of N.T.I Bangalore. Hence evidently it is not any policy document, providing any entitlement to any category of employees.
15. Annexure A-16, dated 2.1.1999, is a letter from the Ministry of Health & Family Welfare, Government of India to the Director General of Health Services, Nirman Bhavan, New Delhi with the subject "Extension of patient care allowance to Group C & D (Non-ministerial) SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 12 O.A.No.170/00357/2024/CAT/BANGALORE employees working in NMEP, NICD, RAK College of Nursing LRHS, RITC Najafgarh and Port Health Organization" which reads the following:
" I am directed to convey the sanction of the president to the extension of patient care allowance (PCA) to Group C and D (non ministerial) employees working in NMEP, NICD, RAK College of Nursing, LRHS, RHT Najafgarh Port/Airport Health Organisation Rs.690/- per month with effect from 29th December 1998.
2. This is subject to the condition that no Night Duty Allowance and Risk Allowance is sanctioned by the Central Government will be admissible to these employees.
3. This is further subject to the condition that the PCA would be admissible to those employees only who are involved in patient care.
4. The list of various categories of employees eligible for PCA is at Annexure
5. The expenditure involved will be met out of the budget grant of concerned organisation.
6. This issues with the approval of Ministry of Finance (Department of Expenditure vide DO No.19050/1/90 E IV dated 4th December 1998."
We have gone through this document and we do not find N.T.I mentioned therein. Further as asserted by the respondents in their reply statement, specifically in para 4.1, a new policy has come vide their O.M dated 19.11.2009 and 31.08.2017, this above mentioned document SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 13 O.A.No.170/00357/2024/CAT/BANGALORE dated 2.1.1999 (Annexure A16) is superseded and is not in force hence not relevant at all.
16. Further, Annexure A17 is a letter from the Director, N.T.I, Bangalore to the Director General of Health Services, Central TB Division, Nirman Bhavan, New Delhi -110 011 dated 21st May 1999 with the subject "Grant of patient care allowance to the staff of NIT B, Lore-Reg." which reads the following:
" Sir, Sub: Grant of patient care allowance to the staff of NIT, B, Lore - Reg.
I am to invite a kind reference to the following subject and to the letter No. Z 28015/W/98-H (iii) dated 2-1-99 of Min of Health & F.W Nirman Bhavan, New Delhi granting PCA to the Group C & D staff of NMEP/NICD/Port/Airport Health Organisation functioning under DGHS.
The PCA facility bestowed to the staff of NEMP/NICD/Port/Airport health organization under DGHS has not been extended to the staff of NTI, Bengaluru. I brief a few lines for kind perusal, consideration and favourable orders extending the patient care allowance facility to the staff of NTI Bengaluru.
NTI, being the pivotal organization is entrusted with the gigantic task of the eradication of TB, a highly infectious, disease in India through Training of Medical and para medical personal and Researches in respect of National TB programme.
SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 14 O.A.No.170/00357/2024/CAT/BANGALORE During the course of Research activities, the staff of NTI are being exposed to TB patients and have the risk of acquiring the TB at all times.
The staff interview/elicit symptomatic and conduct tuberculin tests with the TB patients.
The staff collect sputum samples and specimens from the TB patients at the residence/ hospitals like TB centres/ sanitorium etc as part of research studies.
The staff transhipment the sputum specimens from the field to head quarters.
The staff are involved in washing, disposing of discarded materials used.
The staff are in the proximity of MTB isolates of patients going through various stages investigation and contacting directly with caring of infected with live tubercle bacilli isolated from patients. The staff undertake X ray on patients in the field as well as in Head quarters.
Being a referral centre for advise and investigation for other Hospital practitioners all over the staff are being exposed to TB patients during receiving/ handling sputum specimens and the post for the following of treatment of patients. The patients from all over India visit NTI for culture and sensitivity exam and for further treatment and follow up.
The staff as a team from all sections visit DTC's and PHPs in different parts of India connection with the assessment of National TB programme. In animal house, of NTI the live bacilli injected in guinea pigs for research. The staff handle not only SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 15 O.A.No.170/00357/2024/CAT/BANGALORE the live bacilli but also the infected animal for experimental studies.
From the above activities it may be seen that the staff of NTI are exposed to TB patients thereby vulnerable in acquiring the highly infections disease of TB.
At the end it will not be out of place if it is informed that six staff of NTI have acquired the disease in their harness.
Hence it is requested that the Patient Care Allowance may kindly be granted to all the staff NTI also at the earliest."
17. Again, this is only a reference from the N.T.I to the Director General for the grant of patient care allowance. Moreover, these three documents pre-date the two documents referred to in the reply statement of the respondents in paragraph 4.1 that the nursing allowance eligibility of employees is based on the Ministry of Health and Family Welfare original letters dated 11.2.1987 which have been amended from time to time and subsequently the Ministry of Health and Family Welfare vide its O.M No.Z-28015/71/2008-N dated 19.11.2008 (Annexure R-1) and O.M No.Z-28015/50/2017-N dated 31.08.2017 (Annexure R-2) have amended the eligibility criteria for grant of Nursing Allowance. And as asserted by the respondents, the mentioned O.Ms dated 19.11.2008 and 31.08.2017 are SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 16 O.A.No.170/00357/2024/CAT/BANGALORE the standing instructions of the Ministry regarding Nursing Allowance payable to all Nurses working in dispensaries or in Hospitals in force. And anyone in any institution of the Government of India to be eligible for such Nursing Allowance has to fulfill the criteria as mentioned therein. As the applicant did not fulfill the criteria, the request for the grant of Nursing Allowance was not considered in N.T.I Bangalore, which is essentially a training and research institute and not a dispensary or hospital and is not involved in any sort of nursing care services. Hence Nursing Allowances are not payable to the employees therein. These instructions of the Government supersede the earlier instructions, which include the Directorate General of Health Services, T.B Section letter to the Director of N.T.I dated October,1992 which is produced as Annexure A-1 and which is relied by the applicant to support his claim, in view of these referred subsequent documents by the respondents. We have carefully seen and we have to accept the contention of the respondents that the correspondences referred to in the rejoinder as Annexures A-15, 16 and 17 have no force, as they are already superseded. The applicants have failed to show us any specific provisions which make them entitled to the Nursing Allowance. Applicants have not shown us or convinced us in any way as to how they fulfil the eligibility criteria as envisaged for the SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 17 O.A.No.170/00357/2024/CAT/BANGALORE Nursing Allowance in the O.M dated 19.11.2008 and 31.08.2017. The applicant had an option to challenge the policy change itself at appropriate time, but he has failed to do so, hence at this belated stage he cannot insist on implementing any earlier policy which has already been superseded.
18. The applicant claims that he has a Diploma in Nursing and is a registered Nurse, and he had been getting this allowance for a long time and, based on his own academic qualifications, he could have got a better alternative job if it was known to him in time that he was not eligible for Nursing Allowance in this Institution, so it was injustice for him. Hence, he claims that, on the grounds of being a Nursing Diploma holder, he should have the right to nursing allowance.
19. We are not convinced with these lines of argument as the document produced by the respondents in their reply statement as Annexure R-1 dated 17th/19th November 2008 with the subject "Revision of rates of Nursing Allowance, Uniform Allowance and Washing Allowance to the Nursing Personnel" in O.M No.Z 28015/71/2008-N from the Ministry of Health and Family Welfare (Nursing Section), clearly in the first paragraph itself mentions that "the President is pleased to sanction the enhancement of existing rates of SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 18 O.A.No.170/00357/2024/CAT/BANGALORE following allowances to the Nursing Personnel of all categories at all levels working in Central Government /UT Hospitals/Institutions and Centrally funded Autonomous Bodies like AIIMS, New Delhi, PGIMER, Chandigarh, JIPMER, Puducherry etc.". In paragraph 3, it mentions that "Nursing Allowance will be payable to all Nurses, whether working in dispensaries or in hospitals." So clearly, this document makes a distinction that the Nurses working in dispensaries and hospitals are only eligible for such allowances. As per this document it is manifestly clear that merely if a person has a degree/diploma/or certificate in Nursing, he may not be eligible for such allowance. It is the type of institution being dispensary or hospital and nature of duties discharged therein is important, to be eligible for the Nursing Allowance.
20. Further, in Annexure R-2 another O.M dated 31st August 2017 with No.Z 28015/50/2017-N of the Ministry of Health and Family Welfare (Nursing Section), mentions that consequent upon the decision taken by the Government of India on the recommendations of the 7th CPC, the President is pleased to sanction the revision of existing rates of Nursing Allowance to the Nursing Personnel. Wherein again, in SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 19 O.A.No.170/00357/2024/CAT/BANGALORE paragraph 3, it mentions that Nursing Allowance will be payable to all Nurses, whether working in dispensaries or in hospitals.
21. Hence, if a Nurse is eligible for the Nursing Allowance, having worked and continuing to work in a dispensary or hospital is essential. So the applicant has to substantiate as to how NTI is a dispensary or hospital, or something similar to them, to be eligible for such allowances. And we do not find any iota of such argument or evidence is placed before us. Merely based on a certificate of Diploma in Nursing or its registration, no one can claim such benefits.
22. Further, at the time of the argument, the applicant's counsel argued that, as they have been granted the benefit of Nursing Allowance for quite a long time, they should continue with the same does not convince us; as public policy as referred in the O.M dated 19.11.2008 and 31.08.2017 on Nursing Allowance is clear, and the applicants have completely failed to substantiate as to how their institution and their own duties and responsibilities make them fit therein and make them eligible, as it will only be payable to all Nurses who work in dispensaries or in hospitals. Hence, if correctly or incorrectly, someone was continued with certain illegitimate payments earlier, that cannot be quoted and made as a precedent or ground for continuing such an SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 20 O.A.No.170/00357/2024/CAT/BANGALORE anomaly. We would like to reiterate that the applicant had an option to challenge the change in policy vide O.M dated 19.11.2008 and 31.08.2017 as discussed earlier. Till the time the said new policy is in place the applicant being in a research institution like NTI, which is not a Hospital or Dispensary may not be eligible for the Nursing Allowance.
23. Annexure A-8 dated 16.6.2023 mentions that during the compliance audit by the audit party from the Office of the Principal Director of Audit (Central), Bengaluru in the month of May 2023, the auditors vide audit enquiry No.18 dated 31.5.2023 have observed that PCA is being granted to employees of the institute who were not in continuous routine contact with the patients. Further, the auditors have communicated that Nursing Allowance is also being granted to some of the categories of employees who are not involved in providing nursing care services to patients. Hence, based on that, temporarily the said allowance was suspended and clarification was sought from the Ministry.
24. Based on the reference of the NTI, the Ministry of Health and Family Welfare, Government of India vide its letter dated July 2023 sent a clarification vide its F.No.G 26034-01/2023 TB with the subject SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 21 O.A.No.170/00357/2024/CAT/BANGALORE "Clarification regarding Grant of Patient Care Allowance and Nursing Allowance to the employees of NTI, Bangalore-Reg." which mentions the following:
" I am directed to refer to letter No.5/1/24/2019- 23/Estt/Vol.VII/131 dated 16.06.2023 of NTI on the cited subject and to say that the matter has been examined in consultation with the Oms issued by Hospital Section of MoHFW. It has been decided to convey the following:
a. Grant of Patient Care Allowance and Nursing Allowance are governed by the instructions issued by Hospital Section, MoH/FW from time to time. The same should be strictly complied with.
b. Eligibility for grant of HPCA/PCA shall continue to be governed by the OMs dated 4.2.2004 and 18.9.2019 (copies enclosed) c. The guidelines contained in OM dated 21.4.2023 should be scrupulously adhered to for HPCA/PCA.
2. This issues with the approval of competent authority."
25. Simple reading of the same shows that the Government of India emphasizes that the Institute should go strictly by eligibility for grant of HPCA/PCA shall continue to be governed by the OMs dated 4.2.2004 and 18.9.2019 and that the guidelines contained in O.M dated 21.4.2023 should be scrupulously adhered to for HPCA/PCA. Based on which the NTI constituted a Committee through Office Order dated SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 22 O.A.No.170/00357/2024/CAT/BANGALORE 23.11.2023 in the Chairmanship of Dr.N.Udanesha, CMO (SAG), Additional Director to review and recommend the eligibility of NTI employees for granting Nursing Allowances as per the current guidelines/O.M and this is in accordance with the observations/queries raised by CAG and further communication from the Central TB Division with five other members and there being one external member from RHO Office. The Committee met and due minutes of their deliberations regarding the applicability of Nursing Allowance to various nursing personnel after deliberations on 24.11.2023 was recorded the following:
"Committee discussed OM No. 2.28015/50/2017- N from MoH&FW (Nursing Section) dated 31 August 2017 on revision of rates of nursing allowance to the Nursing Personnel - Implementation of the recommendations of the 7th Central pay Commission order. regarding The para one of the said OM states that "Consequent upon the decision taken by the Government of India on the recommendations of the 7th Pay commission, the President is pleased to sanction revision of existing rate of Nursing allowance to the Nursing Personnel of all categories at all levels working in Central Government/UT Hospitals/Institutions and Centrally funded autonomous bodies like AIIMS, New Delhi, PGIMER, Chandigarh, JIPMER, Pondicherry etc.," and para three also states that "Nursing Allowance will be payable to all Nurses whether working in Dispensaries or in Hospitals".
SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 23 O.A.No.170/00357/2024/CAT/BANGALORE Based on the deliberations, the Committee recommends that, since, National Tuberculosis institute (NTI) is non clinical institute unlike institutions mentioned in OM No. 228015/50/2017- N from MoH&FW (Nursing Section) dated 31 August 2017, which are clinical w.r.t eligibility/admissibility of nursing allowance, As per Recruitment Rules (RR) of NTI the Sister Tutor post have to be filled by feeding cadre of Health Visitors, 100% through promotion and nursing degree is not an essential qualification for the post of Health Visitors Based on above fact, it is recommended that although employees are having nursing qualification, but they were appointed as Health Visitor and later promoted to the post of Sister Tutor. So, they are not eligible for Nursing Allowance.
Hence, the committee recommends that Nursing Allowance cannot be granted to employees of National Tuberculosis Institute."
26. Simple reading of the same shows that, based on the deliberations and discussions, the expert committee recommends that, since the National Tuberculosis Institute is a non-clinical institute, unlike institutions mentioned in O.M No.Z 28015/50/2017-N from MoH&FW (Nursing Section) dated 31st August 2017, which are clinical w.r.t eligibility/admissibility of nursing allowance. As per the Recruitment Rules (RR) of NTI, the Sister Tutor post has to be filled by the feeding cadre of Health Visitors, 100% through promotion and nursing degree is not an essential qualification for the post of Health SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 24 O.A.No.170/00357/2024/CAT/BANGALORE Visitors. Based on the above facts, it is recommended that although employees have nursing qualifications, they are appointed as Health Visitor and later promoted to the post of Sister Tutor. Hence, the Committee recommends that Nursing Allowance cannot be granted to the employees of NTI. Based on which, an O.M dated 29.2.2024 with F.No.5/1/24/2019-2024/Estt/Vol.VII/2069-2075 was issued with following contents:
"OFFICE MEMORANDUM The Director NTI had constituted a committee to examine and provide its views/recommendations on certain allowances being drawn by the some of the category officials of this Institute. Among them, Nursing allowance being drawn by the officials holding such post was also referred to the committee to ascertain their eligibility for the same.
The committee after perusing the related documents, issued by Ministry of Health & Family Welfare. Govt. of India from time to time in this regard, has submitted its report/recommendations to the competent authority.
Upon perusal of the same and having satisfied with the reports/recommendations, the same was accepted by the competent authority.
In view of the report submitted by the committee, the Nursing allowance being granted to certain category of employees working at NTI is hereby withdrawn as they are found to he ineligible to draw in accordance with the guidelines issued by SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 25 O.A.No.170/00357/2024/CAT/BANGALORE Ministry of Health & Family Welfare. Govt of India and also as per the Recruitment Rules.
This issues with the approval of the Director."
27. Simple reading of this shows that, in view of the report submitted by the expert Committee, the Nursing Allowance being granted to certain categories of employees working at NTI was withdrawn as they were found to be ineligible to draw the said allowance in accordance with the guidelines issued by the Ministry of Health & Family Welfare, Govt. of India and also as per the Recruitment Rules. And based on that, for the applicant, an order was passed on 7.6.2024, i.e., the impugned order.
28. We have gone through those documents and we find that the committee had experts from the NTI as well as from outside, and they have deliberated on the issue of grant of allowance as per the instructions and all extant O.Ms of the Government of India as referred in the letter of Government of India dated July 2023, with the subject 'clarification regarding grant of Nursing Allowance to the employees of NTI, Bangalore. And based on the recommendations of the Committee, the Director of the Institute has taken a decision accepting the recommendations and has cancelled the grant of Nursing Allowance SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 26 O.A.No.170/00357/2024/CAT/BANGALORE to the applicant and other similarly placed employees. We do not find any infirmities in the same.
29. At this juncture, the applicant's counsel argued that the deliberation of the Committee should have been referred to the Ministry of Health and Family Welfare, who should have taken a decision on the matter, and the Committee or the Director of the NTI had no locus- standi to take such decision at their own levels, as earlier the Ministry through its Director General of Health Services, T.B Section had issued the order dated October 1992 with the subject "Sanction of Uniform Allowance to NTI, Bangalore, Staff" which is placed as Annexure A-
1. But this argument is not acceptable as the said order dated October 1992 and other similar earlier orders have been superseded as clearly mentioned in paragraph 4.1 of the reply statement which have not been controverted by the applicant. And clearly the O.Ms dated 19.11.2008 and 31.08.2017 have superseded all the earlier O.Ms and references and those two new O.Ms are in force, and have not been challenged by the applicant. Any personnel to be eligible for such Nursing allowance has to be eligible as per these new O.Ms. SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 27 O.A.No.170/00357/2024/CAT/BANGALORE
30. It is a fact that the Director NTI has requested the Government of India on the issue, to which the Government of India in reply have clearly mentioned vide their letter dated July 2023 in F.No.G 26034- 01/2023 TB that the NTI shall strictly follow the two later O.Ms. Pursuant to which the Director of the Institute has precisely followed the Government direction in the said order dated July 2023 with subject "clarification regarding grant of HPCA/PCA to the employees of NTI, Bangalore".
31. The two referred O.Ms dated 19.11.2008 and 31.08.2017 are the extant policy on the eligibility and grant of Nursing Allowance issued by the Ministry. These policy O.Ms are neither challenged nor set aside. Peripheral institutions like NTI is competent to apply those two document for their own employees. It is not necessary that every such case of application of a policy O.M should be referred back to the Ministry. We do not find any ambiguity in the O.Ms or any error in its application by the NTI. NTI has done due diligence by constituting an expert committee and after taking their expert opinion only taken the impugned decision. Hence, in our considered opinion, the impugned decision is procedurally and otherwise also in order and reasonable. So we do not find any force in the argument of the applicant that for every SHAINEY VIJU SHAINEBangalore CAT Y VIJU 2025.06.18 13:27:26+05'30' 28 O.A.No.170/00357/2024/CAT/BANGALORE case of application of the said O.M dated 19.11.2008 and 31.08.2017 the NTI should have referred it back to the Ministry. Hence we do not find any merit in this line of argument.
32. We have gone through the Recruitment Rules as placed before us and other recruitment-related documents of the applicant, which also do not support the case of the applicant, as Nursing Certificate was not essential for the post advertised for the applicant.
33. Considering all the above, we are of the considered opinion that the applicant has failed to make out any convincing case before us to interfere with the orders of the respondents. Hence, we pass the following orders:
The Original Application is dismissed. No costs.
Sd/- Sd/-
(DR. SANJIV KUMAR) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
Sv
SHAINEY VIJU
SHAINEBangalore
CAT
Y VIJU 2025.06.18
13:27:26+05'30'