Central Administrative Tribunal - Bangalore
V Karunadevi vs Sports Authority Of India on 8 February, 2023
1 OA No.297/2020
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/0
NO.170/00297/2020
DATED THIS THE 8TH DAY OF FEBRU
FEBRUARY, 2023
HON'BLE MRS. JUSTICE S SUJATHA ...MEMBER(J)
HON'BLE MR.RAKESH KUMAR GUPTA ...MEMBER(A)
Smt.V.Karunadevi,
mt.V.Karunadevi,
W/o M.Venkatesh,
Aged 56 years,
R/a #71, 7th Cross, 4th Main,
6th Block, Nagarabhavi IInd Stage,
Bangalore - 560 072,
Working as
Nursing Assistant,
Sports Authority of India,
Nethaji Subhas Southern Centre,
Mysore Road,
Bangalore - 560 056. ...Applicant
(By Advocate
dvocate Shri N.Amaresh)
vs.
1. The Sports Authority of India,
Rep by its Secretary,
Ministry of Sports,
Shastry Bhavan,
New Delhi - 110 003.
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2. The Director
Direc General,
Sports Authority of India,
Jawaharlal Nehru Stadium Complex (East gate),
Lodhi Road,
New Delhi - 110 003.
3. The Regional Director,
Sports Authority of India,
Netaji Subhash Southern Centre,
Mysore road,
Jananbharati Campus,
Bangalore - 560 056. ...Respondents
(By Advocate Shri D.Basavaraj)
O R D E R (ORAL
ORAL)
Per: Justice S.Sujatha ...........Member(J)
The applicant has filed this application under Section 19 of the Administrative Administrative Tribunals Act, 1985 seeking the following reliefs:
"i. CALL FOR THE RECORDS pertaining the F.No.SAI/Pers/2217/2014/Vol.III/363 dated 06.08.2017 as at Annexure A11 and also F.No.SAI/Pers/2217/2014/Vol.III F.No.SAI/Pers/2217/2014/Vol.III/22 dated 04.01.2020 as at Annexure A15 and on perusal quash and set aside the same as arbitrary and discriminatory and in violation of the Article 14,1 6, 19 and 39 D of Constitution oof India, in the interest of justice.
ii. Consequently direct the respondents to pay the applicant current rate of Nursing Allowance at the rate of 3 OA No.297/2020 Rs.7,200/- pm and also direct the respondents to pay arrears Rs.7,200/ of Nursing Allowance from the year 1998 calcul calculated on the basis of the revised rates of Nursing Allowances accrued to her from time to time along with interest at the rate of 18% p.a., in the interest of justice.
iii.. To grant such other relief reliefs which the Hon'ble Tribunal may deem fit in the facts and circumstances of this case case"
2. Briefly stated the facts as narrated by the applicant are that the applicant was appointed as Nursing Assistant by the Respondent No.3 in 1989 in the pay scale of Rs.1320- Rs.1320-2040, which was later revised.
The applicant was granted with Nursing Allowance at the rate of Rs. 150/- applicable as on 08.03.1995 along with arrears thereon. The applicant has been continued in the post of Nursing Assistant as on date.. However, the applicant has been duly gra granted with revised pay scales with 2nd and 3rd MACPs. She is now in the pay matrix level of 9 drawing Rs.63,400/-
Rs.63,400/ with effect from 26.04.2019. It is the contention of the applicant that she is entitled for payment of Nursing Allowance as revised from time to time on par with other Nursing Assistant Assistants working in the various Government Organisations and institutions. The Nursing Allowance was revised from Rs.150 to Rs.300 with effect from 02.07.1998 and further revised from Rs.300 to Rs.1600 with 4 OA No.297/2020 effect from 15.07.1998 as per the letter dated 02.07.1 02.07.1998 and order dated 28.07.1998 respectively issued by the Government of India, Ministry of Health and Family Welfare (Department of Health). During the pendency of consideration of representation submitted by the applicant on 29.12.2007 for revising Nurs Nursing Allowance, it was further revised to Rs.3200/-
Rs.3200/ as per OM dated 19.11.2008. The applicant again submitted a representation seeking payment of Nursing Allowances and for grant of two increments due to her following by another representation dated 04.12.2015.
04.12.2015. The respondents issued an endorsement dated 06.08.2017 stating that the duties of Nursing Assistants in Sports Authority of India (SAI) are in no way comparable to Central Government Hospitals like AIIMS, PG etc. Therefore the Nursing Assistant working in SAI is not entitled for Nursing Allowance. Further one more representation dated 14.11.2019 was submitted by the applicant, in reply the 2nd Respondent has issued another endorsement dated 14.01.2020 reiterating the stance referred to, in the earlier letter dated 06.08.2017. Being aggrieved, the applicant is before this Tribunal.
5 OA No.297/2020
3. Learned Counsel Shri N.Amaresh representing the applicant submitted that the duties and responsibilities discharged by the Nursing Assistant in SAI and any other Government Institution are one and the same and non-granting non granting of revised Nursing Allowance to applicant is discriminatory. Referring to the letter dated 31.08.2017, learned Counsel argued that the Nursing staff working in Central Government/UT Hospitals/ Hospitals/ Institutions and Centrally funded autonomous bodies are entitled for Nursing Allowance. Sports Authority of India being an autonomous body under the Ministry of Sports funded by Central Government, the Nursing staff working in SAI are entitled for the Nursing Allowance. Learned Counsel further submitted that denial denial of Nursing Allowance merely on some vague reasons may not be justifiable, the impugned order dated 14.01.2020 (Annexure A15) deserves to be set aside, directing the respondents to pay the applicant current rate of Nursing Allowance with arrears from the year 1998 calculated on the basis of the revised rates along with interest.
4. The respondents have filed a detailed reply statement. Learned Counsel Shri D.Basavaraj representing the respondents 6 OA No.297/2020 argued that the applicant was appointed as Nursing Assistant and joined duty with effect from 26.04.1989. She was posted to Health Ce Centre to take care and extend immediate first aid treatment for the Athletes, National campers and trainees, traine who got injuries while undergoing regular training at the centre. Health centre is equivalent to first aid centre and not a hospital. As the applicant was treating the athletes, she was paid Rs.150/-
Rs.150/ per month as special pay . Learned Counsel arg argued that the applicant cannot be compared on par with other Nursing Assistants working in various Government Organisations and institutions. The duties of the Nursing Assistant in SAI are in no way comparable to Central Government Hospital like AIIMS, PG PGIMER, JIPMER etc. The revised Nursing Allowance is applicable only to the Nursing staff working in the Central Government Hospitals/Institutions under the Ministry of Health and Family Welfare and other Ministries/Departments, but not to the Nursing staff working in autonomous body. As the applicant was submitting various representations from time to time, on humanitarian ground ground, the representations were forwarded to SAI Head Office for consideration. SAI Head Office vide letter dated 14.01.2020 comm communicated the same 7 OA No.297/2020 reply which was furnished vide letter dated 06.08.2017. Thus, learned Counsel argued that the applicant's claim is unjustifiable.
5. We have carefully considered the submissions of the learned Counsel for the parties and perused the the material on record.
6. Annexure A4 dated 02.07.1998 indicates the revised rate of Nursing Allowance of Rs.150 to Rs.300 Rs.300 per month. OM dated 19.11.2008 (Annexure A7) evinces the enhancement of Nursing Allowance from Rs.1600 to Rs.3200 per month. Clause Clause-3 of the said OM contemplates that Nursing Allowance will be payable to all Nurses whether working in Dispensaries or in Hospitals. Similarly, OM dated 31.08.2017 (Annexure A10) A10) indicates the revision of Nursing Allowance from Rs.4800 to Rs.7200 per month. It clarifies that:
(a) Nursing Allowance will not be treated as a part of pay as already decided vide Ministry of Health and Family Welfare N dated 28th July, 1998.
Order No.!-28015/85/97-N
(b) The additional expenditure due to enhancement of Nursing Allowance would be met by the respective institutions form their sanctioned budget.
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7. The OMs referred to above states that the revision of rate of Nursing Allowance has been extended to the Nursing personnel of all categories at all levels levels working in Central Government Government/UT /UT Hospitals/Institutions and Central funded autonomous Bodies like AIIMS, New Delhi, PGIMER, Chandigarh, JIPMER, Pondicherry etc., subject to certain conditions.
conditions. The list of specific hospitals/institutions provided in the aforesaid OMs cannot be considered as exhaustive list, in the light of phrase phra employed, viz., "like like and etc." Rule of ejusdem generis is an a interpretive guide to determine whether the re respondents SAI would come within the ambit of the aforesaid OMs regarding revision of rate of Nursing Allowance. When a list of specific words are being followed by general words, the general words get the colour from the preceding specific words. The specified words employed herein, with the phrase "like" and "etc." denotes that the list is illustrative not exhaustive. In this background background, 'centrally centrally funded autonomous bodies', bodies specified in the OMs referred to above above, plays a significant role. SAI being an autonomous body funded by the Central Government, the respondents cannot take shelter under the nature of duties of the Nursing Assistant in Sports Authority of India and the Central Government Hospitals. In this regard the OM dated 9 OA No.297/2020 19.11.2008 (Annexure A7) would throw some light in the interpretation of these OMs. It has been categorically stated in the said OM (Annexure A7) that the Nursing Allowance would be payable to all Nurses whether working in Dispensaries Dispensaries or in Hospitals.
8. At our request the learned Counsel Shri D.Basavaraj has filed the required qualification of Nursing post in AIIMs and details of the qualification of the applicant, Nursing Assistant Assistant, at the time of appointment and the same reads thus.
"SPORTS AUTHORITY OF INDIA N.S.SOUTHCENTRE, BANGALORE Qualification required for AIIMS AIIMS:
Degree or Diploma in General Nursing and Midwifery or equivalent from a recognized University/Institution.
ii) Registered as Nurse and Midwife under Indian Nursing council Act 1947/any state nursing Council. B.Sc..... Nursing (Post -basic) basic) (2 year course) from a recognised institute/university.
institute 10 OA No.297/2020 Details of V.Karunadevi, Nursing Asssistant at the time of appointment.
Qualification at the time of joining SAI: B. B.Sc., in Nursing Certificate produced from Karnataka Nursing Counsel regarding registration of Nurse.
Certificate from Midwife.
Subsequently acquired : NIL"
9. Thus, it is clear that the applicant possessed the required qualification. It is significant to note that the applicant had filed OA No.413/1999 before this Tribunal seeking for higher pay scale on par with the pay scale given to the post of Nursing Assistant at Delhi. The said OA was allowed in part directing the respondents to give the applicantt the scale of Rs.1400-2300 Rs.1400 2300 and to fix her pay in that scale from 01.09.1993 and to give monetary benefit to the applicant for a period of 3 years prior to the date of filing of th the said application. It is not in dispute that with the approval of Departme Department of Sports, Nursing Allowance was paid to the applicant with effect from 26.04.1989, the date of her joining in SAI vide letter dated 22.02.1995. That being the position, denial of Nursing Allowance to the applicant after revision i.e., enhancing the Nursing Allowance from time to time time, cannot be countenanced. The stance taken by the respondents that the 11 OA No.297/2020 said allowance disbursed was a special pay and cannot be construed as Nursingg allowance is only an afterthought and a misnomer. We are not able to accede to the same, if Nursing Allowance is payable at the rate of Rs.150 per month during the relevant period, the same cannot be denied after revision under the pretext that the aapplicant is not performing the duties as that of the Central Government Hospital. The nature of duties of Nursing Assistants under SAI appears to be the same prior to its revision. The pay scale of the Nursing Assistant in SAI and the Central Government Government Hospitals also does not differ much.
10. The narrow interpretation of OMs referred to above above, as submitted by the learned Counsel for the applicant violates Articles 14, 16 and 21 of Constitution of India. Nature of duties also cannot be compared merely merel based on the nomenclature of hospital or otherwise.
11. In the facts and circumstances, we are of the considered view that the interest of justice would be sub sub-served in directing the Respondent No.2 to re-consider re consider the matter in the light of the observations rvations made herein above and pass appropriate reasoned and speaking order in accordance with law. Hence we pass the following: 12 OA No.297/2020
ORDER
1) Annexures A11 and A15 dated 06.08.2017 and 15.01.2020 respectively, issued by the Respondent No.2 are set aside.
2) The matter is restored to the file of Respondent No.2 to re re-consider the matter in the light of the observation made here hereinabove and pass an appropriate reasoned and speaking aking order in accordance with law.
3) Compliance shall be made in an expe expedite manner, in any event not later than eight weeks from the date of receipt of the certified copy of this order.
12. OA stands disposed of accordingly. No order as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S.SUJATHA)
MEMBER(A) MEMBER(J)
sd.
13 OA No.297/2020