Hav/Na Anilkumar V. (M/370810.Y) & Others Petitioners v. Union Of India & Others S

Factual and Procedural Background

The petitioners, serving as Nursing Assistants in the Assam Rifles, filed a petition seeking directions that they are entitled to nursing allowance for the relevant period of their service. They claimed entitlement based on the Office Memorandum No. II. 27011/44/2008-PF.II dated 28th July 2009 issued by the Ministry of Home Affairs, Government of India, and sought that the respondents be directed to grant them the benefits of the nursing allowance at rates applicable to similar nursing staff in Assam Rifles.

The petitioners relied on a prior judgment dated 04.11.2010 by the Shillong Bench of the Gauhati High Court in WP(C) No. 279 (SH) of 2009, which was upheld by the Division Bench on appeal. Additionally, a similar petition (WP(C) (SH) No. 256 of 2013) was allowed by this Court on 19.09.2013, and the subsequent appeal against that order was dismissed on 11 July 2014.

The respondents filed an affidavit stating that nursing allowances and arrears had been granted to the petitioners vide order dated 17.01.2017. Upon this development, the petitioners sought to withdraw the present petition, which was allowed by the Court.

Legal Issues Presented

1. Whether the petitioners, serving as Nursing Assistants in Assam Rifles, are entitled to receive nursing allowance as per the Office Memorandum dated 28th July 2009.
2. Whether the respondents are obligated to grant nursing allowance and arrears to the petitioners in accordance with previous judicial decisions and government orders.

Arguments of the Parties

Petitioners' Arguments

• The petitioners asserted their entitlement to nursing allowance based on the Office Memorandum No. II. 27011/44/2008-PF.II dated 28th July 2009.
• They relied on the judgment dated 04.11.2010 by the Shillong Bench of the Gauhati High Court and subsequent dismissal of appeals to support their claim.
• The petitioners highlighted a similar successful petition (WP(C) (SH) No. 256 of 2013) and the dismissal of the appeal against it as further precedent.
• Following the respondents’ order dated 17.01.2017 granting nursing allowances and arrears, the petitioners sought to withdraw the petition.

Respondents' Arguments

• The respondents submitted that nursing allowances and arrears had been sanctioned to the petitioners vide order dated 17.01.2017.
• They filed an affidavit confirming the grant of nursing allowance and arrears to the petitioners.
• The respondents raised no objection to the petitioners’ application to withdraw the petition.

Table of Precedents Cited

Court's Reasoning and Analysis

The Court noted the petitioners’ entitlement to nursing allowance as per the Office Memorandum dated 28th July 2009 and relevant judicial precedents affirming such entitlement. The respondents’ affidavit and order dated 17.01.2017 confirming the grant of nursing allowance and arrears to the petitioners effectively addressed the petitioners’ claim. Given this compliance by the respondents, and the petitioners’ counsel’s request, the Court allowed the petitioners to withdraw the petition. The Court’s reasoning was grounded in the factual compliance with the entitlement and the absence of any dispute following the respondents’ order.

Holding and Implications

The petition was dismissed as withdrawn.

The direct effect of this decision is the closure of the petition following the respondents’ sanctioning of nursing allowances and arrears to the petitioners. No new legal precedent was established by this order; it reflects a resolution based on compliance with entitlement and procedural withdrawal.