Central Administrative Tribunal - Cuttack
L Anand vs Aiims on 5 September, 2024
9/12/24, 3:56 PM cis.cgat.gov.in/catlive/internal/order_content_view.php?no=39307 CENTRAL ADMINISTRATIVE TRIBUNAL CUTTACK Order Sheet Item no.: 10 No of Adjournment:
O.A./559/2024 (CUTTACK) [ NURSING ALLOWANCE ] Order Dated: 05/09/2024 Court No.: 1 L ANAND AND OTHERS Vs AIIMS For Applicant(s) Advocate : P.K.Dhal For Respondent(s) Advocate : P.S.Acharya Notes of The Registry Order of The Tribunal Thirty-three (33) applicants, some of them are working as Reader/Associate Professors and some of them are working as Tutor/Clinical Instructor in College of Nursing, All India Institute of Medical Sciences (AIIMS), Bhubaneswar, have joined together and filed this OA, along with MA No. 540/2024 seeking permission to allow them to prosecute this OA jointly. Having heard the parties concerned, the prayer made in MA 540/2024 is allowed and accordingly disposed of.
2. The prayer of the applicants in this OA is to quash the order dated 05.06.2024 (A/8) and 07.06.2024 (A/9) and further to direct the respondents to release all service and monetary benefits, dues including arrears to them within a stipulated time.
3. Heard on the OA and perused the records.
4. According to the applicants, in terms of the memorandum dated 11.02.1987, they have been getting Nursing Allowance from their respective date of joining in AIIMS. Subsequently, the Nursing Allowance was enhanced vide orders dated 09.09.1999, OM dated 19.11.2008 and 31.08.2007. The GoI, H&FW issued order dated 05.06.2024 discontinuing the Nursing Allowance to the Nursing Staff working only in Ten (10) AIIMS, which includes AIIMS, Bhubaneswar, and not for the Nursing Staff working in AIIMS Delhi, PGIMER, JIPMER, NIMHANS, NEIGRIHMS, RIMS, Dr. RML CN, RAKCN and HMC. Based on the GoI, H&FW order dated 05.06.2024, the Director, AIIMS, Bhubaneswar issued an office order dated 07.06.2024 discontinue payment of Nursing Allowance to Nursing Personnel working in AIIMS, Bhubaneswar. It is averred that all the AIIMS in India are governed under the All India Institute of Medical Sciences Act, 1956 and Regulations 2019. Therefore, discontinuing Nursing Allowance for the Nursing Personnel working in AIIMS, Bhubaneswar, while allowing the said benefit to Nursing Personnel discharging the similar duties in other hospital named above amounts to discrimination, which is in violation of Article 14 and 16 of the Constitution of India and https://cis.cgat.gov.in/catlive/internal/order_content_view.php?no=39307 1/3 9/12/24, 3:56 PM cis.cgat.gov.in/catlive/internal/order_content_view.php?no=39307 the law prohibiting creation of two groups between one homogeneous group. It is stated that they submitted representations under Annexure-A/10 series to the Executive Director, AIIMS Bhubaneswar seeking to withdraw the order and pay them Nursing Allowance but till date they have not been intimated te outcome of such consideration. Hence, it is contended that since the order dated 05.06.2024 of the GoI, H&FW and in compliance of which the order dated 07.06.2024 issued by the Director, AIIMS, Bhubaneswar being opposed to law, the same are liable to be quashed. They have prayed that since they are still getting Nursing Allowance, pending final decision in this OA, the operation of the order dated 07.06.2024 may be stayed.
5. On the other hand, Ld. Counsel appearing for the respondents opposed the very maintainability of this OA on the grounds that the OA is premature since, according to the applicants, their Nursing Allowance has not been stopped and they have submitted the representation in June, 2024 and approached this Tribunal before any decision is taken in the matter. This being a policy matter, judicial intervention is uncalled for is also taken as one of the grounds.
6. On perusal of record, we have noticed that vide letter dated 05.06.2024, the decision of the Ministry was communicated to the extent as under:
"I am directed to convey the approval of compete authority in Ministry of Health and Family Welfare for discontinuation of payment to Nursing Allowance @ Rs. 7200/- per month to Nursing Faculty (Nursing Principal & Professor, Associate Professor, Assistant Professor & Nursing Tutor/Clinical Instructor etc.) working at College of Nursing in New AIIMS set up under PMSSY.
2. Accordingly, aforementioned 10 new AIIMS are requested to comply with the above instructions and send a compliance report within 7 days of receipt of this letter."
7. Based on the said letter, the AIIMS, Bhubaneswar issued office order dated 07.06.2024 for stoppage of the Nursing Allowance from 05.06.2024.
8. By producing copy of the salary slip of Dr. L. Anand, one of the applicants, in this OA, it has been brought to the notice of this Tribunal by the Ld. Counsel for the applicant that the applicants are still in receipt of the Nursing Allowance. We also filed that the applicants submitted representation on 11.06.2024 to Executive Director, AIIMS, Bhubaneswar for withdrawal of the office order dated 07.06.2024 instead of making representation to the Ministry against the order dated 05.06.2024, which is the basis of the Office order dated 07.06.2024. Section 20 of the AT Act, 1985 provides that when and what point of time the Tribunal can ordinarily admit https://cis.cgat.gov.in/catlive/internal/order_content_view.php?no=39307 2/3 9/12/24, 3:56 PM cis.cgat.gov.in/catlive/internal/order_content_view.php?no=39307 an Original Application. The applicants have not produced any piece of document to substantiate that the Nursing Colleges at the Institutions named by them, noted above, are new AIIMS set up under PMSSY as that of AIIMS, Bhubaneswar. Since it is the specific case of the applicant that they are in still receipt of the Nursing Allowance and in view of the fact noted above insofar as the representation is concerned, this OA seems to be premature and, therefore, this Tribunal is not inclined to entertain this OA at this stage.
9. In view of the above, without expressing any opinion on the merit of the matter, this OA is disposed of being premature one. No costs.
PRAMOD KUMAR DAS SUDHI RANJAN MISHRA
MEMBER (A) MEMBER (J)
/ck/
https://cis.cgat.gov.in/catlive/internal/order_content_view.php?no=39307 3/3