Back
Gujarat High Court
Judgename :A.N.Divecha
DHANLAXMIBEN LILADHAR SUCHAK - Appellant
Versus
DIRECTOR OF AYURVED, gujarat STATE - Respondent
S.C.A. 7016 of 1989
Decided On : 04/08/1992
Constitution of India – Article 226 – Petitioner entered Government Service some time in 1963 as a trained and qualified auxiliary nurse and midwife. By one order passed by respondent was transferred to the Ayurvedic hospital at Rajkot as a staff nurse. Its copy is at Annexure to this petition. Apropos, she resumed her duties in Ayurvedic Hospital at Rajkot – She served there till her retirement on superannuation with effect – A copy of order of her retirement is at Annexure c to this petition – It appears that formerly pay scales for the post of auxiliary nurse and midwife and that of staff nurse were equal – Later on pay scales were revised and staff nurses were given higher pay scale – Though petitioner was working as a staff nurse she was paid lower pay scale for post of auxiliary nurse – It appears that some representations were made to the Government for payment of pay scale for post of staff nurse to auxiliary nurses and midwives working as staff nurses in various Government Ayurvedic Hospitals – State Government however appears not to have found favour with such representations – It through one Resolution of decided not to give higher pay scale to auxiliary nurses and midwives working as staff nurses in various Government Hospitals – Held, Deponent of the reply-affidavit has not chosen to deny fact that the petitioner is covered by the Government Resolution at Annexure e to this petition – It is not in dispute that petitioners of aforesaid three writ petitions were also covered by very same Resolution at Annexure e to this petition matter, the contention that the petitioner is not similarly situated has to be stated only to be rejected. Once it is found that she is similarly situated as petitioners in the aforesaid three petitions, she becomes entitled to the benefits given to those petitioners – Government as a model employer ought not to have denied to her those very benfits given to the petitioners in the aforesaid three petitions under the orders of this Court petitioner in instant case ought not to have been driven to invoke extra-ordinary jurisdiction of this Court under Art. 226 of Constitution of India for redressal of her grievances in that regard – It was not necessary for the respondents to have awaited the directions from this Court again to grant benefits of revised pay scale for post of staff nurse to the present petitioner having worked as a staff nurse in Government ayurvedic Hospital at Rajkot though she was an auxiliary nurse and midwife – Petition is accepted.
( 1 ) THE typical bureaucratic stand adopted by and on behalf of the respondents has driven the unfortunate petitioner in this case to invoke the extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India for redressal of her grievances against non-grant of benefits to her flowing from the judgment of this Court in Special Civil Application no. 3238 of 1979 decided on 2/02/1982 (Per B. K. Mehta, J.) setting aside the Government Resolution of llth January, 1978 at Annexure e to this petition.
( 2 ) THE facts giving rise to this petition move in a narrow compass. The petitioner entered the Government Service some time in 1963 as a trained and qualified auxiliary nurse and midwife. By one order passed by respondent No. 1 on 16/06/1970, she was transferred to the Ayurvedic hospital at Rajkot as a staff nurse. Its copy is at Annexure a to this petition. Apropos, she resumed her duties in the Ayurvedic Hospital at Rajkot. She served there till her retirement on superannuation with effect from 3 1/05/1984. A copy of the order of her retirement is at Annexure c to this petition. It appears that formerly the pay scales for the post of auxiliary nurse and midwife and that of staff nurse were equal. Later on the pay scales were revised and the staff nurses were given the higher pay scale. Though the petitioner was working as a staff nurse, she was paid the lower pay scale for the post of auxiliary nurse. It appears that some representations were made to the Government for payment of the pay scale for the post of staff nurse to auxiliary nurses and midwives working as staff nurses in various Government Ayurvedic Hospitals. The State Government however appears not to have found favour with such representations. It through one Resolution of llth January, 1978 decided not to give the higher pay scale of 380-560 to auxiliary nurses and midwives working as staff nurses in various Government Ayurvedic Hospitals. Under the aforesaid Government resolution, it was decided to give to them the revised pay scale of Rs. 260-400 in accordance with the Gujarat Civil Services Pay Rules, 1975. A copy of this resolution is at Annexure e to this petition. It appears that some auxiliary nurses and midwives working as staff nurses in certain government Ayurvedic Hospitals affected by the Government Resolution at annexure e to this petition challenged its legality and validity in this Court by means of one petition under Art. 226 of the Constitution of India. It came to be registered as Special Civil Application No. 3238 of 1979.
( 3 ) BY its judgment passed on 2/02/1982 in Special Civil application No. 3238 of 1979 (Per B. K. Mehta, J.), this Court was pleased to accept the petition and to set aside the Government Resolution challenged therein which is at Annexure e to this petition. A copy of the judgment of this Court in that writ petition is at Annexure f to this petition. Some left out petitioners affected by the aforesaid Government Resolution also challenged it by means of Special Civil Application No. 803 of 1986. That petition also came to be accepted by the judgment passed on 20th June, 1989 (Per R. C. Mankad, J.) following the earlier ruling of this Court in special Civil Application No. 3238 of 1979 decided on 2/02/1982 (Per B. K. Mehta, J. ). The respondents in that petition who are also the respondents in this petition were directed to give the benefits of the pay scale of Rs. 380-560 to auxiliary nurses and midwives working as staff nurses in various Government Ayurvedic Hospitals A copy of the judgment of this court in Special Civil Application No. 803 of 1986 decided on 20/06/1989 (Per R. C. Mankad, J.) is at Annexure h to this petition. One more petitioner affected by the Government Resolution at Annexure e to this petition also claimed the benefits of the pay scale for the staff nurses by filing Special Civil Application No. 6166 of 1983 in this Court. Her petition also came to be accepted by the judgment
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
