Service Law
Nursing allowance—Entitlement—View taken by the High Court that educational qualification cannot be a ground for denial of Nursing Allowance to the Nursing Assistants—Unsustainable—Respective Nursing Assistants are being paid “Hospital Patient Care Allowance”—Nursing Assistants in the BSF neither have relevant experience for appointment as Staff Nurse nor they possess any educational qualification for appointment as Staff Nurse—Case of Nursing Assistants cannot be compared with that of the Staff Nurses as both carry different educational qualification—High Court has committed a serious error in holding and directing that the Nursing Assistants serving in the Assam Rifles/BSF are entitled to Nursing Allowance at par with Staff Nurses—Impugned judgment and order passed by the Single Judge as well as the Division Bench of the High Court holding and directing that the original writ petitioners - Nursing Assistants shall be entitled to Nursing Allowance at par with the Staff Nurse is quashed and set aside—Appeal allowed.
[Paras 5 & 6]