JUDGMENT :

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

WA No.263/2022 and WA No.757/2022 are the appeals preferred by the Mysore Medical College and Research Institute, Mysore, as against the common judgment of the learned Single Judge dated 22.07.2021 passed in W.P.No.4665/2020 and connected cases. W.A.No.371/2023 is filed by the State of Karnataka against the very same judgment.

2. We have heard the learned counsel appearing for the appellant in the first two writ appeals as well as the learned Additional Government Advocate appearing for the appellant in WA No.371/2023 as well as the learned counsel appearing for the private respondents, who were the petitioners in the writ petitions.

3. Learned counsel appearing for the appellant in the first two writ appeals contends that the private respondents who had filed the writ petitions were only stipendiary nurses engaged by the Institute for six months as part of their training and that the judgment rendered by the learned Single Judge directing their continuance as well as payment of regular wages to them was completely misconceived. It is contended that the prayer made in the writ petitions was for a mandamus to consider their representations not to terminate their services as stipendiary nurses and to renew their services from time to time as also to grant equal pay for equal work rendered by them.

4. It is contended by the learned counsel for the appellant that the learned Single Judge had relied on a Government Order dated 26.02.2019 and has held that the stipendiary nurses who were engaged as trainees are also entitled to minimum wages as provided in the said Government Order. It is contended that the Government Order dated 26.02.2019 did not have any reference whatsoever to stipendiary nurses and the said order specifically provided for payment of equal wages only to contractual employees, who had been engaged by the Institute. It is submitted that since there was no provision in the Government Order dated 26.02.2019 to pay the wages as provided therein to stipendiary nurses, the reliance on the said Government Order was completely misconceived.

5. It is further submitted that the Government, by the order dated 27.07.2020, had specifically fixed an amount of Rs.12,445/- as monthly payment for stipendiary nurses. It is submitted that thereafter the said amount has been increased to Rs.15,556/- by the Government Order dated 20.05.2026. It is submitted that this was the amount that the stipendiary nurses would be entitled to and the said amount was being paid to them.

6. It is further contended that the direction issued by the learned Single Judge that the writ petitioners are liable to be paid wages in terms of the Government Order dated 26.02.2019 is misconceived and that the further direction that the stipendiary nurses cannot be replaced by another set of contract employees is also not sustainable. It is submitted that since the stipendiary nurses are engaged only as trainees, they are not entitled to the regular pay scale or even to minimum wages and that their services are also liable to be dispensed after the training is complete.

7. Learned Additional Government Advocate appearing for the appellant in WA No.371/2023 would also submit that from the documents on record, it would appear that the initial engagement of the writ petitioners was on stipendiary basis. It is submitted that the Government Order dated 26.02.2019 specifically addressed the problem of contract appointments in Autonomous Institutions and submits that the benefit of the said Government Order could not be extended to stipendiary nurses. Further, it is submitted that the stipendiary nurses are not entitled to continuance in service and that they cannot hold the posts which are intended to be filled up by regular appointments.

8. Learned Government Advocate would also point out that the direction issued by the learned Single Judge to continue the services of the stipendiary nurses beyond the period for which the