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Judgment
A. Raja, J.—The present writ petition has been directed against the impugned order passed by the fourth respondent Assistant Registrar (Administration), Pondicherry University, Pondicherry to quash the same with a direction to the respondents 3 and 4 to pay the Nursing Allowance of Rs. 1,34,150/- from August, 1989 to March, 2005 and subsequently, Uniform Allowance of Rs. 14,500/- from April 1991 to March, 2005 and the sum of Rs. 6,900/- towards Washing Allowance from April, 1991 to March, 2005. When the matter was taken up for hearing, it was clarified by the learned counsel for the respondents that the prayer in respect of the writ petition is that the petitioner is already entitled to these two-benefits namely, Uniform Allowance and Washing Allowance. Therefore, the writ petition is only on the denial of Nursing allowance alone.
In these background the learned counsel for the petitioner has submitted that the petitioner was appointed as Staff Nurse in the scale of pay of Rs. 1420-40-1600-50-2200-EB-2600 in the University of Pondicherry for a period of two years on probation by virtue of Memorandum in Ref.PU/Estt.E1/I(31)89/5749, dated 5.7.1989.
It is an admitted fact that the petitioner has been serving diligently and honestly and thereby, she has earned good name and reputation. While so, the Government of India revised the Nursing Allowance, Uniform Allowance and Washing Allowance vide order of Ministry in Ref. Nos. Z28016/4/87-PMS, Z28016/2/8-PMS and Z28016/3/87-PMS, dated 11.2.1987 respectively. As per the said order, all the registered auxiliary nurses, midwife female health workers are classified and grouped as Nursing Personnel as per the Indian Nursing Council Act. Hence, all the above categories of the Nursing Personnel wording in Central Government Hospitals/Institutions/Hospitals run by the Delhi Municipal Committee and Centrally funded, Autonomous bodies like All India Medical Sciences, Post Graduate Institute of Medical Research, Chandigarh are eligible subject to the condition that the Uniform Allowance and Washing Allowance shall be admissible only to those who are required to wear Uniform in accordance with any Standing order or any institutions of the Government with effect from 1.10.1986. The petitioner was also given all these three allowances namely, Nursing Allowance, Uniform Allowance and Washing Allowance.
But, all of a sudden, for the petitioner alone it was pleaded, the payment of nursing allowance was abruptly stopped. After her repeated efforts, she was sanctioned Nursing Allowance at Rs. 150/- with effect from 24.3.1995. Hence, she submitted her written representations dated 18.11.1999, 16.12.1999 and 14.6.2000 to the third respondent for enhancement of Nursing allowance. On 1.11.2001, the third respondent passed an impugned order in his proceedings No. PU/Estt./NT4/2001/02/85 cancelling the Nursing Allowance, which was already granted to the petitioner with effect from 27.8.2001. Thereafter, the petitioner has submitted her written representations to the Vice-Chancellor of Pondicherry on 8.3.2001 and 8.11.2001 and the same were denied. At last, she forwarded her representation dated 8.3.2004 to the Secretary of Trained Nurses Association of India, Green Park, New Delhi for enhancement of Nursing Allowance from Rs. 150/- to Rs. 1,600/- as the Pondicherry University has not paid the Nursing Allowance.
He pleaded further that the University Grants Commission vide letter No. E31-3/97 (CU), dated 17.10.2001 has informed the University that the Government of India had conveyed its approval for extension of medical allowance only to the staff of medical colleges of Central Universities and not for the staff of Health Centers of Central/Deemed Universities. The UGC in its letter No. F.31-3/97 (CU), dated 13.04.2005 has conveyed the approval for revision of Nursing Allowance, Uniform Allowance and Washing Allowance to the nursing personnel in terms of Government of India, Ministry of Health & Family Welfare No. Z28015/41/98N/PMS dated 02.07.1998. Pursuant to the above letter from UGC, the Uniform Allowance and Washing Allowance of Staff Nurse in the University Health Center were revised vide sanction order No. 27 (PU/Estt/NT4/2005-06/48, dated 20.07.2005) as under.
When the respondents have revised the Uniform Allowance from Rs. 1,500/- to Rs. 3,000/- per annum with effect from 1.10.2005 and Washing Allowance from Rs. 75/- to Rs. 150/- per month with effect from 1.8.2005, they have refused to revise Nursing allowance alone to the petitioner.
The learned counsel for the petitioner has submitted that when it is an admitted fact that all the Staff Nurses working in Central Government Hospitals/Institutions Hospitals run by the Delhi Administration including Municipal Corporation, Delhi, New Delhi Municipal Committee and centrally funded Autonomous Bodies like All India Institute of Medical Sciences, New Delhi, Post Graduate Institute of Medical Education and Research, Chandigarh etc., are getting the above said three benefits, namely, Uniform Allowance, Washing Allowance and Nursing Allowance, they have arbitrarily denied the same benefits to the institution like Pondicherry University alone. The respondents cannot simply deny the Nursing Allowance to the Staff Nurse, who is working in the Dispensary of Pondicherry University on the basis of UGC Guidelines that these allowances are applicable only to those staff working in hospitals and not for those working in dispensary wherein, the treatment has been given only for out-patient is absolutely unfair and unacceptable, he pleaded. When the Nursing personnel of all categories at all levels, working in Central Government Hospitals/Institutions/Hospitals run by the Delhi Administration including Municipal Corporation of Delhi and New Delhi Municipal Committee and centrally funded autonomous bodies like All India Institute of Medical Sciences, New Delhi, Post Graduate Institute of Medical Education and Research Chandigarh etc., are given benefits of Nursing Allowance, Uniform Allowance and Washing Allowance, the denial of the Nursing Allowance only to the petitioner (Staff Nurse) working in the Dispensary run by the Pondicherry University on the basis of UGC Guidelines without any basis is irregular, irrational and discriminatory violating Art. 14 of the Constitution of India.
In reply, the learned counsel for the respondent has submitted that the petitioner, who is working in the Dispensary run by the Central University, has been given the benefits of Uniform Allowance and Washing Allowance, but the UGC, on their wisdom, thought it fit to deny the Nursing Allowance for the reason that the Nursing Staff working in the hospitals alone are eligible for patient care allowance etc., and the nursing staff of Pondicherry University are not eligible for patient care allowance as the Pondicherry University is having only a Dispensary. Accordingly, the Nursing Allowance which has been paid to the petitioner was withdrawn with effect from 27.8.2001 vide office order No. 184(PU-Estt./NT4/2001-02/805) dated 01.11.2001. Therefore, when the decision is taken at a higher level not to give the Nursing Allowance, while giving the Uniform allowance and the Washing Allowance, no fault can be found with the impugned order passed by the respondents. This Court is not able to agree with this submission.
As a matter of fact, when the petitioner was appointed in the Pondicherry University Dispensary by the order dated 5.7.1989, she was given Nursing Allowance, Uniform Allowance and Washing Allowance as per the order of Ministry in Ref. No. Z 28016/4/87-PMS dated 11.2.1987. Subsequently, the Uniform Allowance given to the petitioner was revised at the rate of Rs. 1,500/- to Rs. 3,000/- per annum with effect from 1.10.2005. Similarly, Washing allowance given to the petitioner at the rate of R.75/- was also revised to Rs. 150/- per month with effect from 1.8.2005. But, Nursing Allowance was denied to the petitioner by the order dated 17.10.2001 for the reason that the Nursing Allowance is applicable only for the staff of the Medical Colleges of Central Universities and not for the staff of Health Centers of Central/Deemed Universities. When all the three Allowances are given to the Nursing Staffs working in Central Government Hospitals/Institutions Hospitals run by the Delhi Administration including Municipal Corporation, Delhi, New Delhi Municipal Committee, Delhi and centrally funded Autonomous Bodies like All India Institute of Medical Sciences, New Delhi, Post Graduate Institute of Medical Education and Research, Chandigarh etc., but the refusal of Nursing Allowance to the Pondicherry University alone highly discriminatory, hence, this Court is not able to find any rational or any good reason for the denial of the Nursing Allowance to the petitioner, who is working in the Dispensary run by the Pondicherry University, When the respondents have granted the uniform and washing allowances to the staff nurses working in the University Health Centre, cancelling the nursing allowance to the nursing staffs working in the dispensary run by the Pondicherry University on the ground that the nursing staffs are attending only the out-patient, is absolutely unfair and unjustified. When the dispensaries run by the Central University, Pondicherry, is providing health care assistance, including first aid, to all those persons coming to take treatment, the respondents cannot deny the nursing allowance to the petitioner alone, on the narrow approach that the petitioner is attending only the out-patient and not the in-patient. It must be mentioned that nursing staffs employed in any dispensary or hospital are expected to devote more care, irrespective of the fact that whether the patient coming to them are in-patient or out-patient. Therefore, denying the allowances to the nurses is not only irrational, but also highly discriminatory, which cannot stand to the test of the Article 14 of the Constitution of India, for the nursing allowance is inseparable from the nursing staff and the same will continue till she continues as a Nurse. Further, when this benefit is made applicable to the Staff of the Central Government Hospitals/Institutions Hospitals run by the Delhi Administration including Municipal Corporation, Delhi, New Delhi Municipal Committee Delhi and centrally funded Autonomous Bodies like All India Institute of Medical Sciences, New Delhi, Post Graduate Institute of Medical Education and Research, Chandigarh etc., this has to be made applicable even to the Pondicherry University, which is also the Central University. Therefore, as noted earlier, this Court is not able to find any plausible reason to deny only to the Nurses working in the Dispensary run by the Pondicherry University. Therefore, the writ petition filed challenging the impugned order passed by the fourth respondent in respect of Nursing Allowance alone is allowed. As far as the other two allowances, namely, Uniform Allowance and Washing Allowance are concerned which the petitioner has already been disbursed with and it is not rebutted by the petitioner at this stage, the third respondent, Registrar, Pondicherry University is directed to extend the benefit of Nursing allowance, as it was given in the original order dated 11.2.1987 without any interruption. It is made clear that if the petitioner is entitled to arrears, the arrears also should be given to her within a period of eight weeks from the date of receipt of a copy of this order. There is no order as to costs. Consequently, W.P.M.P. Nos. 22795 and 22796 of 2005 are closed.