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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Indian Professional Nurses - Appellant
Versus
Government Of NCT Of Delhi & Anr. - Respondents
Cont.Cas(C) 116 of 2021
Decided On : 17-05-2022
Contempt Petition - Noncompliance of Apex Court's Order - W.P. (C) 5103/2017 - W.P. (C) 527/2011 - Expert Committee Recommendations - Order dated 25.06.2018 - W.P. (C) 7291/2018 - Financial Viability of Expert Committee Recommendations
Fact of the Case:
The contempt petition was filed for alleged noncompliance of the order dated 22.07.2019 passed by the Court in W.P. (C) 5103/2017, which was related to the directions passed by the Apex Court in W.P. (C) 527/2011. The Expert Committee's recommendations, accepted by the Government of NCT of Delhi through an order dated 25.06.2018, were at the center of the dispute.
Finding of the Court:
The Court found that the Government of NCT of Delhi initially accepted and defended the Expert Committee's recommendations but later claimed that they were unimplementable, leading to a change in stance. The Court expressed dissatisfaction with the government's conduct and raised concerns about wilful disobedience of the Court's orders.
Issues: Noncompliance with the Expert Committee's recommendations, change in the government's stance, financial viability of the recommendations
Ratio Decidendi: The government's initial acceptance and defense of the Expert Committee's recommendations, followed by a claim of unimplementability, raised concerns about wilful disobedience of the Court's orders.
Final Decision: The Court directed the Government of NCT of Delhi to comply with the Order dated 22.07.2019 before the next date of hearing and warned of potential contempt proceedings if the order was not complied with.
ORDER
CM APPL. 4604/2021 (Exemption)
Allowed, subject to all just exceptions.
CONT.CAS(C) 116/2021
1. The instant contempt petition has been filed for the alleged noncompliance of the order dated 22.07.2019 passed by this Court in W.P. (C) 5103/2017.
2. The genesis of the dispute arises out of the directions passed by the Apex Court in W.P. (C) 527/2011 in Order dated 29.01.2016. The said writ petition was filed by the Trained Nurses Association of India (TNAI) highlighting the grievances of the working conditions of the nurses in private hospitals as well as in nursing homes. The Apex Court by the said order dated 29.01.2016 passed the following directions:
'4. We expect that the Central Government will look into the grievances ventilated in this petition, by forming a Committee within four months from today. We are sure that after examining the factual situation, if the Committee is of the view that the grievances ventilated in the petition are correct, the Committee will make its recommendations, so as to do the needful for improvement of working conditions and pay of the nurses working in private hospitals and nursing homes within six months from its constitution, which can ultimately be given a form of legislation by the respondent-States or by the Central Government itself.
5. We are sure that the recommendations of the Committee shall be duly considered by the Central Government and it shall do the needful.
6. We do not propose to give any guidelines, as prayed for in this petition, as the grievances are to be looked into by the Committee consisting of experts.
7. So far as the grievance, with regard to system of execution of bonds by private hospitals and nursing homes, is concerned, the learned counsel appearing on behalf of Indian Nursing Council has submitted that the said system has not been abolished. Therefore, the said grievance does not survive.'
3. Apropos the said Order dated 29.01.2016 passed by the Apex Court, a Committee consisting of 9 members, including Directorate General of Health Service, Joint Secretary, MoHFW amongst others, was constituted by the Ministry of Health and Family Welfare, Government of India vide Order dated 24.02.2016 to look into the grievances raised by TNAI. The said Expert Committee made the following recommendations:
'Committee examined all the information collected from various States, All India Govt Nurses Federation (AIGNF) and Trained Nurses Association of India (TNAI) and felt that adequate salary and basic facilities are not provided to nurses employed in private hospitals/nursing homes. Their pay and working condition is really pathetic and some steps are required to be taken to uplift the standard of working conditions in respect of nurses. After deliberations and discussions, the committee has made following recommendations:
1. Salary:
In case of >200 bedded hospitals, salary given to private nurses should be at par with the salary of State Govt. nurses given in the concerned State/UT for the similar corresponding grade.
In case of >100 bedded hospitals, salary given to private nurses should not be more than 10% less in comparison of the salary of State Govt. nurses given in the concerned State/UT for the similar corresponding grade.
In case of 50-100 bedded hospitals, salary given to private nurses should not be more than 25% less in comparison of the salary of State Govt. nurses given in the concerned State/UT for the similar corresponding grade.
Salary given to private nurses should not be less than Rs.20000/- pm in any case even for <50 bedded hospitals.
2. Working conditions:
Working conditions viz. leaves, working hours, medical facilities, transportation, accommodation etc. given to nurses should be at par with the benefits granted to State Govt. nurses working in the concerned State/UTs.
3. Steps should be taken by all States/UTs for formulating legislation/guidelines to be adopted for implementation of the above recommendations in case of Nurses working in private hospitals / inst
Wilful disobedience of court orders and change in stance regarding the implementation of recommendations
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