WP(C)/280/2015 of S K Moajjem Hossain Vs The Union Of India on 5 November 2015

1. M/371341 N HAV/NA S K Moajjem Hossain S/o Late S K Ataiullah, Unit 3 Assam Rifles, located at Duar, Kohima C/o Directorate General Assam Rifles, Shillong, Meghalaya Pin 793011. (Date of Enrollment: 18/03/2001)

2. M/371145 Hav (NA) Norjit Chonjonbam, S/o Nodiya Chonjonbam Unit 3 Assam Rifles, located at Duar, Kohima C/o Directorate General Assam Rifles, Shillong, Meghalaya Pin 793011. (Date of Enrollment: 19/12/1998)

3. M/371264 K HAV/NA Imtiaz Akhtar, S/o Nizam Akhtar, Unit 27 Assam Rifles C/o Directorate General Assam Rifles, Shillong, Meghalaya Pin 793011. (Date of Enrollment: 20/10/2000) :::: Petitioners -Vs-

1. The Union of India, represented by the Secretary to the Govt. of India, Ministry of Home Affairs, New Delhi-110001.

2. The Directorate General, Assam Rifles, HQ DGAR Assam Rifles, Shillong-Meghalaya 793011.

3. The Deputy Inspector General, Medical Branch, HQ DGAR, Assam Rifles, Shillong-Meghalaya 793011.

:::: Respondents

BEFORE

THE HON’BLE MR. JUSTICE T NANDAKUMAR SINGH

For the petitioners : Mr. H Bezbarua, Adv, For the respondents : Mr. R Deb Nath, CGC Date of hearing : 05.11.2015 Date of Judgment : 05.11.2015

JUDGMENT AND ORDER (ORAL)

Heard Mr. H Bezbarua, learned counsel for the petitioner Mr. R

Deb Nath, learned CGC appearing for the respondents.

2. follows:-

“In the premises aforesaid, it is most respectfully prayed that your Lordships may be pleased to:-

(I) Allow the petitioners to approach this Hon’ble Court by this joint petition for redressal of their grievances; and further be pleased to

(II) Issue a writ, thereby upholding the entitlement of the petitioners to the Nursing Allowance for the period they serve as nursing personnel serving in the Assam Rifles; and as a consequential relief be further pleased to

(III) Issue a writ of Mandamus directing the official respondents to grant the benefit of Nursing Allowance to the writ petitioners as per orders dated 4/1/1988, 2/7/1998, 28/7/1998 and 19/11/2008 issued by the Ministry of Health and Family Welfare and the office memorandum dated 28/7/2009 issued by the Ministry of Home Affairs within a reasonable period of time, for the period that they serve as Nursing Assistants, as is being given to the Nursing Personnel of all categories at all levels in the Hospitals run by the Central Government and/or be pleased to

(IV) Pass such other order or orders, as your Lordships may deem fit and proper in the facts and circumstances of the case.

And for this act of kindness, the petitioners, as in duty bound, shall every pray.”

3. It is the submissions of the learned counsel appearing for the parties that this case is covered by the earlier judgment and order of this Court dated 05.09.2013 passed WP(C) (SH) No.162 of 2013 (Annexure-3 to the writ petition) wherein and where-under, this Court had disposed of the writ petition similar with the present writ petition with the direction that the benefits of the earlier judgment and order of the Division Bench dated 25.05.2012 passed in WA No.(SH) 1/2011, shall also be extended to the present writ petitioners. In other words, the present writ petitioners shall be allowed to enjoy the same benefits as granted to the respondents of Writ Appeal No.(SH) 1/2011 within a period of four months from the date of receipt of a certified copy of the judgment and order.

4. Learned counsel appearing for the parties also drawn the attention of this Court to the judgment and order dated 10.09.2015 passed in WP(C)No.231/2015. It is admitted case of both the parties that the present writ petitioners are presently serving as Nursing Assistants at Unit 3 Assam Rifles located at Duar Kohima. This Court has given anxious consideration of the case of the petitioners and also the earlier judgments and orders of this Court and is of the considered view that the present case is covered by the earlier judgments and orders of this Court mentioned above. Accordingly, the respondents are directed to extend the benefits of the earlier judgments and orders to the present writ petitioners. In other words, the present writ petitioners shall be allowed to enjoy the same benefits as granted to the respondents of the said Writ Appeal i.e. Nursing Assistants within a period of four months from the date of receipt of a certified copy of this judgment and order.

5. Writ petition is allowed to the extent indicated above.

Lam

JUDGE