The Calcutta High Court has disposed of a petition filed by Nurses’ Unity, an organization representing nurses employed by the state government, seeking equal pay and allowances as their counterparts in other departments.
The petitioners claimed that despite having similar qualifications they were being discriminated against in terms of pay and allowances.
The court observed that the Principal Secretary, Health and Family Welfare Department, Government of West Bengal, had passed a reasoned order on March 13, 2023, stating that the revision of pay is a periodical exercise taken up by the Pay Commission.
The order further stated that the Pay Commission had considered the representation of Nurses’ Unity regarding their pay scale matters and fixed the scale of pay applicable for Staff Nurse, Grade-II.
However, the Finance Department rejected the petitioners’ prayer for equal pay, stating that qualification alone is not the sole criterion for determining pay parity.
The department argued that several other factors, such as employment and recruitment parity, must also be considered.
The Division Bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya directed the Principal Secretary, Department of Health and Family Welfare, to consider the representation dated June 27, 2023, take note of the observations made by the Finance Department, and pass a speaking order on merits and in accordance with law.
The court also granted the petitioners liberty to file an additional representation to cover issues raised by the Finance Department.
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