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CENTRAL ADMINISTRATIVE TRIBUNAL
Manish Garg, Judicial Member, Anand S. Khati, Administrative Member
Prakash Rathod – Appellant
Versus
Union of India, Ministry of Health & Family Welfare – Respondent
| Table of Content |
|---|
| 1. parties identification and representation (Para 1) |
| 2. prior case history and proceedings (Para 2 , 3) |
| 3. applicants seek equal pay parity (Para 4 , 5) |
| 4. respondents oppose equal pay claim (Para 6 , 7 , 8) |
| 5. dopt guidelines on equal pay (Para 9 , 10) |
| 6. contractual nurses entitled to basic pay + da (Para 11 , 12 , 13) |
| 7. oa allowed for minimum pay scale (Para 14) |
ORDER
Hon’ble Dr. Anand S. Khati, Member (A)
By virtue of the present O.A., the applicants, who are working as Nursing Staff on contractual basis with the respondent No.3, i.e. Dr. Ram Manohar Lohia (RML) Hospital since 2015, are seeking pay and other allowances equal to permanent Nursing Staff from the date of their appointment along with the arrears with interest, placing reliance on the Order passed by this Tribunal in O.A. No. 2570/2014 in Vinod Kumar Sharma & Ors. vs Union of India & Ors. dated 23.02.2017 being similarly situated. The relevant abstract of the aforesaid Order reads as under:-
“5.2 However, if some provision of the contract is found to be unconscionable or attracts the frown of section 23 of the Contract Act 1872, the same cannot be legally sustained. In the instant case, the contractual mont
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