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2023 Supreme(Del) 5379

V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Sita Mundu – Appellant
Versus
All India Institute of Medical Sciences – Respondent


Advocates appeared:
Ms. Kamlakshi Singh and Ms. Divya Chawla, Advocates, for the Petitioners.
Mr. Tanveer Oberoi, Advocate, for the AIIMS.

JUDGMENT

V. Kameswar Rao, J. - The challenge in this petition is to an order dated May 17, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (`Tribunal', for short) in OA 4034/2013, whereby the Tribunal has dismissed the OA filed by the petitioners herein.

2. The claim of the petitioners before the Tribunal was seeking the same pay and benefits as are being paid to regular staff nurses working in the respondent-AIIMS. It was their case that they were appointed as staff nurses on contract basis by the respondent initially on a monthly salary of Rs.11,750/- which was later increased to Rs.28,000/-. It was further their case before the Tribunal that the staff nurses working on regular basis in respondent received a total salary of Rs.56,800/-.

3. The petitioners had placed reliance on the judgment of this Court in Victoria Massey & Ors. v. Government of NCT, W.P.(C) 8764/2018 dated May 22, 2009, wherein this Court, while modifying an order of the Full Bench of the Tribunal held that staff nurses/paramedics appointed on contract basis, would be entitled to wages in the minimum of the pay scale applicable to regular employees. The challenge made before the Supr

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