Nurses Working In Hospitals Provide Valuable Humanitarian Service, Should Get Adequate Compensation For Their Significant Role: Delhi HC

The Delhi High Court emphasized the significant role of nurses working in the hospital and the importance of compensating them adequately.

The Court allowed the Petition and reiterated the principle of equal pay for equal work.

The Bench comprising Justice V. Kameswar Rao and Justice Anoop Kumar Mendiratta “Before parting, we must state that nurses working in hospitals provide a very valuable humanitarian service; their duties are manifold - from assisting doctors in carrying out treatment to taking personal care of patients and even sometimes handling bystanders and relatives of the patients. They attend to the needs of the sick and the ailing in the extremely tense atmosphere of hospitals. It would be a travesty of justice, if such people are denied adequate compensation for their services as they are entitled to”.

Advocate Kamlakshi Singh appeared for the Petitioner and Advocate Tanveer Oberoi appeared for the Respondent.

A Petition was filed challenging the order of the Central Administrative Tribunal whereby the Tribunal dismissed the Application filed by the Petitioners. The Petitioner sought the same pay and benefits as the other staff nurses working for the Respondents.

The Court ascertained the issue

“whether the petitioners are entitled to the same pay that is being paid to regular employees in AIIMS”.

The Court noted that the principle of ‘equal pay for equal work’ applies to the facts to this case. The Court referred to the Supreme Court Judgment in the case of State of Punjab v Jagjit Singh and ors [(2017) 1 SCC 148].

Furthermore, the Court emphasized the significant role of nurses working in hospitals. The Court outlined the various services provided by the nurses from assisting doctors in carrying out treatment to tending the families of the sick.

Therefore, the Court directed the Respondent to pay the salary in the minimum of the pay scale of the post along with Dearness Allowance to Petitioner within three months.

Accordingly, the Court allowed the Petition.

Cause Title: Sita Mundu & Anr v All India Institute of Medical Sciences

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