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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.K.R.SHRIRAM, CJ, MR.JUSTICE SENTHILKUMAR RAMAMOORTHY, J
MRB Nurses Empowerment Association – Appellant
Versus
The Principal Secretary, Department of Health and Family Welfare, Government of Tamilnadu – Respondent
| Table of Content |
|---|
| 1. upliftment of staff nurses under nrhm scheme. (Para 2 , 3) |
| 2. entitlement to maternity benefits under 1961 act. (Para 4 , 5) |
| 3. maternity benefits extend beyond employment contract. (Para 6) |
| 4. 1961 act overrides contractual conditions. (Para 7) |
| 5. writ petition allowed; costs not awarded. (Para 8) |
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
This writ petition was admitted on 22nd March, 2019.
2. It is petitioner's case that it is an association established with the sole purpose of upliftment of staff nurses working on various scheme sanctioned posts in the State of Tamil Nadu. One such scheme is National Rural Heath Mission (NRHM) Scheme floated by the Government of India with a view to enhance the health care in rural areas.
3. Under the NRHM scheme, the Central Government provides funds to the State Government for the appointment of Doctors, Nurses, Pharmacists and other health care professionals. The State Government recruits the health care professionals in its rolls and uses these funds to pay them salary. The State of Tamil Nadu had recruited more than 11,000 staff nurses through competitive exams on a consolidated pay of Rs.7,000/- per month,
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