Central Administrative Tribunal - Madras
N Subha vs Jipmer on 27 February, 2026
1 of 12
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA No. 310/00062 of 2021
DATED FRIDAY, THE 27th DAY OF FEBRUARY, TWO THOUSAND AND TWENTY SIX
CORAM :
HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)
HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)
1. N. Subha, Tutor, College of Nursing, JIPMER
D/o. M. Natarajan, (Resigned on 05.07.2018)
W/o B. Prakash, F-1, IB Saroji Enclave,
Thirabarani Street,
Z. Pallavaram, Chennai 600 117.
2. P. Aruna, Tutor, College of Nursing, JIPMER
D/o S. Palanisamy,
W/o D. Baskaran,
E-20, Quarters, JIPMER Campus
Tutor, College of Nursing,
JIPMER, Puduchery - 605 005;
3. B. Janarthanan, Tutor, College of Nursing, JIPMER
S/o. Balasubramanian.G
No.66, 1st cross Street,
Muthulakshmi Nagar Ext.-1,
Murungapakkam,
Puducherry 605 004;
4. K. Muthulakshmi, Tutor, College of Nursing, JIPMER
D/o S. Kaliappan
W/o. P. Balamurugan
No. 42, Vivekanandar Street,
Dr. Radhakrishnan Nagar,
Kathirkamam, Puducherry 605 009.
5. Vembu.K, Tutor, College of Nursing, JIPMER
W/o. P. Nedunchezhiyan,
D/o. V. Krishnasamy,
4/591, 5th cross Kalaivani Nagar,
2 of 12
Near JIPMER campus,
Dhanvanthrinagar (p.o)
Puducherry 605 006;
6. Vanitha. N, Tutor, College of Nursing, JIPMER
W/o. M. Srinivasan,
D/o M. Neelamegan
No.24, Subramaniyar Kovil Street,
Pettuchettipet,
Puducherry 605 008;
7. ShanmugaPriya, Tutor, College of Nursing, JIPMER
W/o. Punniyakoti. V
D/o. R. Kannan
129, 3rd Cross Street
Manickachettiyar Nagar
Shanmugapuram
Puducherry 605 009;
8. Rani. S, Tutor, College of Nursing, JIPMER
W/o. Thiyaneswaran. S,
D/o. N. Subramaniyam
No.92, Bharathidhasan Street,
Shanthinagar, Lawspet,
Puducherry 605 008. ....Applicants
(Advocate: M/s. P. Suresh)
1. Union of India represented by
The Secretary to Government of India,
Ministry of Health & Family Welfare,
(Department of Health), Nirman Bhavan,
New Delhi;
2. The Director,
JIPMER, Gorimedu, Puducherry 605 006;
3. The Administrative Officer,
JIPMER, Puducherry 605 006. ..... Respondents
(Advocate: Mr. M.T. Arunan, R 2 & 3)
CAV ON : 16.02.2026
3 of 12
ORDER
(Hon'ble Ms. Veena Kothavale, Member(J) The applicants have filed this O.A. seeking direction to the respondents to give the Grade Pay of Rs.5400/- attached to the post of "Tutor" with effect from the date of their joining respective posts in August 2011, instead of 11.05.2018, and to extend consequential benefits as per rules in force.
2. It is the case of the applicants that vide order dated 02/06/2006 (Annexure A-I), the Ministry of Health and Family Welfare, Department of Health had created certain posts for the College of Nursing at JIPMER, Pondicherry along with 18 posts of Tutor/Clinical Instructor in the scale of pay of Rs.6500-200-10500, with the concurrence of the Ministry of Finance, Department of Expenditure vide ID No. F.631/E.C-1/ 2006 dated 17/05/2006.
3. Further, vide Note dated 04/09/2006 (Annexure A-2), the Director, JIPMER, Pondicherry had forwarded a proposal to the Ministry of Health and Family welfare seeking its approval for framing recruitment rules to the said posts, including 18 posts of Tutor/ Clinical Instructor in the scale of pay of Rs. 6500-200-10500. Though, as per the approval, the posts of Tutor/ Clinical Instructor were one and the same, and carried the same scale of pay, nevertheless, the respondents illegally bifurcated the 18 sanctioned posts of Tutor/ Clinical Instructor in the scale of pay of Rs. 6500-200- 4 of 12 10500 into two separate categories with revised pay structure of 6 th Pay Commission, as under: -
(i) 10 posts of Tutor in PB-3 (Rs.15600-39100) plus Grade Pay of Rs 5400/-; and
(ii) 8 posts of Clinical Instructor in PB-2 (Rs.9300-34800) plus Grade Pay of Rs.4800/-.
4. Thereafter, vide Advertisement No. 1/2010 (Annexure A-3), a notification was issued inviting applications for appointment to the said posts of Tutor and Clinical Instructor and other posts. All applicants in this OA were appointed through direct recruitment to the post of Clinical Instructor on regular basis in the revised pay of PB-2 (Rs. 9300-34800) with grade pay of Rs. 4800/- and their initial pay was fixed at Rs.13,350/-.
5. Subsequently, the second respondent issued Office Order dated 08/10/2018 (Annexure A-5) redesignating the post of Clinical Instructor as Tutor and the applicants have been placed in Level 10 (Rs.56100-124500) of 7th CPC [i.e., in the pay scale PB-3 (15600-39100) + G.P. 5400 of 6th CPC] with effect from 11/05/2018.
6. It is stated by the applicants that they were very much eligible to draw the said pay scale with effect from the date of their initial appointment and therefore, they gave individual representations to the respondent requesting for retrospective benefit as Tutor from the date of their joining. However, vide impugned order dated 5 of 12 07/09/2019, the request for retrospective benefit was denied on the ground that the Governing Body of JIPMER had given approval for the said revision only on 11/05/2018. Being aggrieved by the denial of said benefit with retrospective effect from the date of their joining respective posts, the applicants have filed this OA seeking relief as stated above.
7. It is argued by the counsel for the applicants that the posts of Tutor and Clinical Instructor were one and the same when the Ministry of Health and Family Welfare, Department of Health had issued the sanction of the President for creation of 18 posts of Tutor/ Clinical Instructor as per the creation of posts order dated 02/06/2006. The Ministry of Finance, Department of Expenditure had given concurrence for fixing the scale of pay of Rs.6500-200-10500 [i.e., revised pay structure of PB-3 (Rs.15600- 39100) plus Grade Pay of Rs 5400/-] for the said post of Tutor/ Clinical Instructor. Therefore, the respondents could not have bifurcated the said post or reduced the grade pay on their own. On being appointed to the post of Clinical Instructor, the pay of applicants should have been fixed in Pay Band-3 (Rs.15600-39100) + GP 5400 instead of in P.B.2 (Rs. 9300-34800) + G.P. 4800/-. Denying the said benefit to the applicants is highly discriminatory, illegal, violative of articles 14, 19 and 21 of the Constitution and cannot be sustained in law.
8. In reply statement filed by Respondent No.2, it is stated that when JIPMER 6 of 12 was under the Ministry of Health and Family Welfare, one post each of Principal and Vice Principal, five posts of Lecturer and 18 posts of Sister Tutor/Clinical Instructor were created in the year 2006. Subsequently, the Institute became an Autonomous Body in the year 2008. As per its powers under JIPMER Act, 2008 and the Rules and Regulations made thereunder, Recruitment Rules were framed based on the 6 th CPC for the posts of Sister Tutor and Clinical Instructor, i.e. for the post of Clinical Instructor in the Grade pay of Rs.4800/- (Rs.6500-10500) with qualification of B.Sc. (Nursing) with three years' experience, and for the post of Sister Tutor in the Grade pay of Rs. 5400/- (Rs. 8000-13500) with qualification of M.Sc. (Nursing).
9. It is further stated that an advertisement was issued accordingly in the year 2010 to fill up 8 posts of Clinical Instructors in the Grade pay of Rs.4800/- and the applicants were selected to the post of Clinical Instructor. In the meantime, the Ministry of Health and Family Welfare, by its letter dated 09.09.2016 changed the nomenclature of many posts in the College of Nursing, but did not mention anything about the post of Clinical Instructor. However, through cadre restructure process, the first respondent vide O.M. dated 27.11.2017, redesignated the posts of Clinical Instructor in the College of Nursing of PGIMER, Chandigarh (another Autonomous Body of the same Ministry) as Tutor with the upgraded pay scale of Rs.5400/- from the Grade Pay of Rs.4800/-. In continuation of this revised staffing pattern, the issue of upgradation to the existing Clinical Instructors in the College of Nursing at 7 of 12 JIPMER was taken up before the 12th Standing Academic Committee of JIPMER and it agreed to implement the same after getting approval from the Governing Body. Subsequently, the Governing Body ratified the minutes of the 12 th SAC on 11.05.2018 and based on the approval of the Governing Body, the existing 8 Clinical Instructors in the College of Nursing, JIPMER were re-designated as Tutor in the Grade pay of Rs.5400/- w.e.f. 11.05.2018 (i.e., the date of approval of the Governing Body). The applicants gave individual representation dated 06-04-2019 and requested to grant Grade Pay of Rs.5400/- with retrospective effect from the date of their original appointment i.e. 24.08.2011 which was not acceded to.
10. Learned counsel for the respondents argued that eight posts of Clinical Instructors had been advertised with the grade pay of Rs.4800/- and with this knowledge, the applicants had applied for the said post, were selected and had joined the said post. As there was no justification for seeking the relief of upgraded pay scale retrospectively, their representations were disposed of vide Note No. JIP/ AdmnI /Py (Misc)/ 2015-16 dated 07.09.2019 informing that their request for retrospective application of the benefits of the post of Tutor from the date of joining as Clinical Instructors on regular basis in College of Nursing cannot be acceded to. Being aggrieved, the applicants have filed this O.A. for retrospective benefits from the date of joining. Respondents have prayed for dismissal of this OA as the same is devoid of merits.
8 of 12
11. We have considered the arguments advanced on both sides and perused the material on record.
12. It is observed that prior to 2008, the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry in the Union territory of Puducherry was under the control of the Ministry of Health and Family Welfare. Vide Creation of Posts order dated 02/06/2006, the Ministry had approved creation of 18 posts of Tutor/ Clinical Instructor in the pay scale of Rs. 6500-200-10500 and a direction was given to the Director, JIPMER to take action for framing of recruitment rules and filling up these post in consultation with the Nursing Advisor and Nursing Division in the Ministry.
13. It is further observed that the pay scales attached to the posts of Tutor and Clinical Instructor in the Schools of Nursing Education had been revised vide Office Memorandum No. Z. 28015/70/99-N dated 09-09-1999 as under: -
Designation Old Pay Scales New Pay Scales
Tutors 2000-3200 6500-10500
Clinical Instructors 1640-2900 5500-9000
14. Subsequently, vide Office Memorandum No. Z.28015/77/2008-N dated 10/02/2009, the Ministry of Health and Family Welfare, with the approval of the Ministry of Finance, Department of Expenditure, revised the pay scales of Tutors and 9 of 12 Clinical Instructors on the basis of Sixth Pay Commission and the revised pay structure was implemented in the case of Nursing Teacher with effect from 01/01/2006, as under: -
Designation Revised Pay Structure
Clinical Instructor PB-2 4800
Sister Tutor PB-3 5400
15. Therefore, the pay scale of Rs. 6500-200-10500 which was earlier approved vide Creation of Posts order dated 02/06/2006 by which of 18 posts of Tutor/ Clinical Instructor were created, stood revised as above with retrospective effect from 01/01/2006.
16. Subsequently, by an Act of Parliament enacted in the year 2008, namely, the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry Act, 2008 (JIPMER Act), the JIPMER Institution was constituted a body corporate and was declared as an institution of national importance.
17. Section 11 of the JIPMER Act provides for 'staff of Institute' and sub-sections (5) & (6) provide as under: -
(5) Subject to such rules as may be prescribed, the Institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees.
(6) Subject to such rules as may be prescribed, the Director and other officers and employees of the Institute shall be entitled 10 of 12 to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be specified.
18. Section 29 of the JIPMER Act confers rule making power to the Central Government and under sub-section (2)(f) thereof, the Central Government has power to make rules to provide for the tenure of office, salaries and allowances and other conditions of service of the Director and other officers and employees of the Institute appointed by the Institute under section 11. In exercise of the powers conferred under section 29, read with section 11 of the JIPMER Act, the Central Government has framed rules, namely, the Jawaharlal Institute of Post-Graduate Medical Education and Research, Puducherry Rules, 2008 and Rule 8 provides as under:-
"8. Creation of posts and appointments thereto:- (1) The Institute may create posts, subject to specific provision in the budget, and the instructions of the Central Government issued from time to time, on such scales of pay as are approved by the Central Government, classify them into grades and specify their designations:
XXX"
19. As noted above, as per the Office Memorandum dated 10/02/2009, the Ministry of Health and Family Welfare, with the approval of the Ministry of Finance, Department of Expenditure, had revised the pay scales of Tutors and Clinical Instructors on the basis of Sixth Pay Commission with retrospective effect from 01/01/2006 and the revised pay of Clinical Inspector was in PB-2 with grade pay of Rs.4800/- and that of Sister Tutor was fixed in PB-3 with grade pay of Rs.5400/-.
11 of 12 Therefore, the action taken by the respondents were in line with their powers conferred under JIPMER Act, 2008.
20. Accordingly, in the notification issued vide Advertisement No.1/2010 as per Annexure A-3, the post of Tutor was advertised showing the scale of pay as PB-3, Rs.15600-39100 + GP 5400/- and the post of Clinical Instructor was advertised showing the scale of pay as PB-2, Rs.9300-34800 + GP 4800/-. The applicants had applied for the said post knowing very well the pay scale attached thereto and after accepting the same had joined the post.
21. It is observed that based on the approval of the Governing Body, the existing 8 Clinical Instructors in the College of Nursing, JIPMER were re-designated as Tutor in the Grade pay of Rs.5400/- w.e.f. 11.05.2018 (i.e., the date of approval of the Governing Body). It is contended by the applicants that in other similar Autonomous Institutes such as PGIMER, etc., the Grade Pay of Rs.5400/- to Clinical Instructor have been given retrospectively from the date of joining of posts. Therefore, they had given representations seeking similar benefits but the same is rejected by the respondents stating that since the Governing Body of JIPMER approved revised staffing pattern proposal on 11/08/2018, retrospective benefits from the date of joining cannot be acceded to. However, the applicants have produced Office Order dated 21/04/2016 stating that Lecturer in the College of Nursing were redesignated as 12 of 12 Assistant Professor in College of Nursing and their grade pay is revised from Rs.5400/ to Rs.6600/- with retrospective effect from 11/01/2010, the date of placement in the institution, and have been extended all service benefits. Therefore, they contend that there cannot be disparity in treatment by respondent institute and seek for a direction to the respondents to extend similar benefit to them.
22. We are of the view that when respondents have given retrospective benefit to Lecturers in the College of Nursing from the date of their placement in the institute, we do not see any reason as to why the Clinical Instructors in the College of Nursing have to be denied similar retrospective benefits from date of their joining.
23. Accordingly, the impugned order dated 07/09/2019 passed by respondent No.3 is hereby set aside. Respondent Nos. 2 and 3 are directed to give similar benefits to the applicants from the date of their joining as has been done in the case of Lecturers in the College of Nursing. This exercise shall be done within a period of four months from the date of receipt of a copy of this order.
24. OA is disposed of accordingly on the above lines. There shall be no order as to costs.
(Sisir Kumar Ratho) (Veena Kothavale)
Member(A) Member(J)
27.02.2026
asvs
A.S.V. Sagar Digitally signed by ASAPU
P.S., CAT, SRINIVASA VIDYASAGAR
Chennai Bench. Date: 2026.03.20 15:12:29 +05'30'