Madras High Court dismisses nurses’ petition

Justice D. Hariparanthaman dismissed petitions filed by the Association of Government Trained and Trainee Nurses and five trained nurses, seeking to stay the notification of April 19 this year.

The judge said the affidavits filed by the Additional Secretary, Health and Family Welfare, made it clear in uncertain terms that the recruitment was only for various Central Government schemes.

As rightly contended by the advocate-general, the recruited candidates would continue in service so long as the schemes continue to exist. Advocate-General further submitted that the candidates employed in the schemes were absorbed in regular vacancies that would arise in the government hospitals based on seniority.

Furthermore, he also brought to the notice of the court that the consolidated pay would be given only for a period of two years and thereafter, they would be absorbed in regular vacancies, subject to availability. He also submitted that

normally, the persons were brought to regular service between two and five years and hence, the recruited nurses could not be kept under consolidated pay for a long time. The judge recorded the AG's submission. “In these circumstances, I am unable to agree with the submissions of the petitioners' counsel that since the notification used the word ‘contract’, the same shall be stayed”, he said.

On the upper age limit of 58 years, the judge said he agreed with the AG's submission that considering that the nurses studied and trained in private institutions were not recruited in the government service so far for the past 25 years due to various litigations, this relaxation would be applied only for this recruitment and the government would strictly follow the upper age limit of 32 years as prescribed under the Rules in future recruitments.