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Smart Summary

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

Precedent Rule or Principle Cited For Application by the Court
Judgment and Order dated 04.11.2010, Shillong Bench, Gauhati High Court in WP(C) No. 279 (SH) of 2009 Entitlement of Nursing Assistants to nursing allowance The Court recognized this judgment as supportive of the petitioners’ claim and noted that the appeal against it was dismissed.
Judgment and Order dated 19.09.2013 in WP(C) (SH) No. 256 of 2013 titled Ex-HAV/NA.M/370622X v. The Union of India Grant of nursing allowance to Nursing Assistants The Court acknowledged this precedent as a similar successful petition, with the appeal against it dismissed on 11 July 2014, reinforcing the petitioners’ position.

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.

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

    Ved Prakash Vaish, J. (Oral):— The petitioners have filed the present petition seeking directions, inter-alia, that the petitioners are entitled to the Nursing Allowance for the period of their services for which the nursing allowance is applicable and to direct the respondents to grant the benefits of nursing allowance to the petitioners.

    2. The case of the petitioners is that the petitioners are serving as Nursing Assistants in the Assam Rifles and are not receiving nursing allowance as per entitlement. The petitioners are entitled to receive nursing allowance in terms of Office Memorandum No. II. 27011/44/2008-PF.II dated 28th July, 2009 issued by the Director (Police Finance), Ministry of Home Affairs, Government of India and at the rates at which the same has been given to category of nursing staff of the Assam Rifles.

    3. It is also stated that the case of the petitioners is covered by the Judgment and Order dated 04.11.2010 passed by Shillong Bench, Gauhati High Court in WP(C) No. 279 (SH) of 2009. The respondents challenged the said order by filing writ appeal No. 1 (SH) of 2011 which was dismissed by Hon'ble Division Bench, Gauhati High Court.

    4. It is also stated on behalf of the petitioners that a similar petition bearing WP(C) (SH) No. 256 of 2013 titled as Ex-HAV/NA.M/370622X v. The Union of India was filed and the same was allowed by this Court vide Judgment and Order dated 19.09.2013 The appeal against the said order bearing Writ Appeal No. 31 of 2014 was also dismissed on 11 July, 2014.

    5. The respondents have filed an affidavit of Lt. Col. Saurabh Charan SO-1 (A) stating that the respondents vide order A/Pers/11.Nursing Allce/2017/0049 dated 17.01.2017 has granted nursing allowances and arrears to the petitioners working as Nursing Assistants. A copy of the affidavit and order dated 17.01.2017 has been supplied to learned counsel for the petitioners.

    6. Mr. R. Debnath, learned counsel appearing on behalf of the respondents has submitted that the respondents have sanctioned the nursing allowances and arrears to the Nursing Assistants working in Assam Rifles vide order dated 17.01.2017 He further submits that nursing allowances and arrears have been sanctioned to the petitioners vide order dated 17.01.2017

    7. Mr. R. Mazumdar, learned counsel appearing on behalf of the petitioners submits that in view of the order dated 17.01.2017, he may be permitted to withdraw the present petition.

    8. The counsel for petitioners has moved an application for withdrawal of the present petition. The counsel for respondents has no objection to the same.

    9. In view of the facts and circumstances of the case and submission made by learned counsel for the petitioners as well the application filed on behalf of the petitioners, the present petition is dismissed as withdrawn.

    MC[WP(C)] No. 66 of 2015

    10. In view of the above Misc. Case stands disposed of.

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    Comments

    Hav/Na Anilkumar V. (M/370810.Y) & Others Petitioners v. Union Of India & Others S
    (Feb 16, 2017)