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Supreme Court of India 2023-01-16 allowed

The Union of India & Ors vs Rajib Khan & Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Union of India appealed against a High Court order directing it to pay Nursing Allowance to Nursing Assistants at the same rate as Staff Nurses. The Supreme Court held that different educational qualifications—Nursing Assistants requiring only a one-year course versus Staff Nurses requiring a four-year course—constitute a valid basis for pay differentiation. Since Nursing Assistants lack the qualifications and experience required for Staff Nurse positions, they cannot claim parity in allowances. The Court upheld that classification of posts and pay structures based on educational qualifications does not violate constitutional equality principles, and dismissed the Nursing Assistants' claims.

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Constitutional Law Administrative Law Pay Scales and Allowances Public Sector Employment Equality Rights

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