Equal payment to Contractual nursing Paramedical employees

 

GOVT. OF NATIONAL CAPITAL TERRITORY OF DELHI
HEALTH & FAMILY WELFARE DEPARTMENT
(HR-NURSING SECTION) 
9TH LEVEL  A-WING, DELHI SECRETARIAT NEW DELHI

No. F.1/18/E-II/GTBH/2013/Pt. File-I/ 495-99                                  Dated: 10/03/2021

 

CIRCULAR

Sub:     Regarding payment to Contractual nursing / Paramedical employees working under H&FW GNCTD as per 6th CPC at par  with Regular Employees

******

This circular is being issued to address the grievance of Contractual Nursing/Paramedical Employees working under H&FW, GNCTD regarding not getting Equal Pay as per their regular counterparts after implementation of 6th CPC.

 Facts of the Matter :

All Contractual employees working in their respective hospitals under H&FW, GNCTD were granted minimum of the pay in pay grade as per regular counterparts according to 5th pay commission till 31.12.2005. The same is also being granted according to 7th pay commission as per FD order dated 20.01.2017. However, due to some confusion about applicability of minimum pay, the benefit of Equal pay for Equal work has not been granted in 6th pay commission which is applicable from 01.01.2006.

 Aggrieved by the same, number of court cases were filed and in one of such cases having OA No -2947/2013 (Kamal Kant Sharma & Ors. Vs GNCTD & Ors). Hon'ble CAT, vide order dated 12.08.2014 has directed as under:

 "In the circumstances, the Original Applications are disposed of with direction to the respondents to fix the consolidated pay of the applicants at minimum of the pay in grade in the relevant pay band as the same is fixed in respect of new entrant. It is made clear that except the minimum of the pay in the grade in which the contractual employee is employed, no benefit other than the benefits already granted to them by the respondents would be admissible to them. The benefit of the minimum of pay in the grade would become available to the applicants from 1.8.2014. The amount whatever has been paid to the applicants would not be recovered from them".

 The above mentioned judgment of Hon'ble CAT Court was also upheld by Hon'ble High Court Delhi in WPC- 717/2015 vide judgment dated 28.13.2017.

The matter was also placed before Hon'ble LG and Hon'ble LG (Delhi) approved to implement the above said judgment and accordingly, an order dated 07.03.2019 was issued by the Department of H&FW to grant the benefit of Equal Pay for Equal work to 185 contractual employees in OA-2947/2013 and connected matters. Further, all MS/MD/HODs of all concerned Hospitals/Medical Institutions were again directed vide order dated 03.12.2019 to implement the order dated 07.03.2019 to all similarly placed CPs.

 

GROUNDS:

Equal Pay for Equal Work was being granted to all contractual employees in accordance with 5th CPC. However on implementation of 6th CPC, the same could not be granted as there was no fixed pay scale in 6th CPC and there was no fixed minimum pay scale for old employees. This was an anomaly in 6th CPC and due to t1-.is confusion, principle of Equal Pay for Equal work could not be implemented. However, the matter was examined by DOPT and the anomaly was removed and all regular employees were granted minimum pay in corresponding PB + Grade Pay as per e CPC as per their seniority.

 Further, Finance Department GNCT of Delhi vide OM dated 30.12.2011 has directed that "the consolidated remuneration payable to the persons, whose term is being extended, shall be calculated by using the formula of minimum of Pay Band + Grade Pay + DA of the respective post, so as to ensure that the remuneration payable to the persons engaged on contract basis is on uniform rate, and should seek the concurrence of Finance Department for the same".

 Moreover, Hon'ble LG has also directed that "the department may look into the matter and prepare a comprehensive policy covering all such similar matters on the issue of equal pay for equal work in consultation with Finance, Law and Services Department rather than submitting files in piece meal manner".

 DECISION:

In view of the above said discussion and in compliance of above said judgment as well as, as per the direction of Hon'ble LG , it has been decided that:

 All the contractual Nursing/Paramedical Staff shall be paid consolidated pay at minimum of the pay in grade in the relevant pay band as the same is fixed in respect of new entrant as per Finance Department OM dated 30.12.2011. The same shall be applicable to all contractual employees w.e.f 01.08.2014 (as per the orders of Hon'ble CAT Court in OA-294712013 upheld by Hon'ble High Court in WPC-71712015) and arrears shall also be paid to them accordingly. Furthermore, all the Judgements of Hon'ble Courts in the similar matters would also be complied with.

Accordingly, all MD/MS/HOD of all Hospitals /Medical Institutions under H&FW Department are hereby directed to implement the above mentioned decision for fixation of pay of Contractual Nursing/Paramedical officials with immediate effect. Non compliance of the same shall be viewed seriously.

 This issues with the prior approval of Competent Authority, H&FW.

 

DY. SECRETARY (HR-NURSING)

  No. F.1/18/E-II/GTBH/2013/Pt. File-l/ 495- 99 Dated: 10/03/2021,

 All the MD/MS/HOD of all Hospitals/Medical Institutions under H&FW Department, GNCTD.

 Copy to:

PS to Pr. Secretary (H&FW), H&FW Department, Delhi Secretariat, New Delhi.

PA to Secretary (H&FW), H&FW Department, Delhi Secretariat, New Delhi.

PS to Spl. Secretary (H&FW), H&FW Department, Delhi Secretariat, New Delhi.

Guard file.

 

DY. SECRETARY (HR-NURSING)

 

 

SHARES

Share

Pin it

Tweet

Share

Share

Share

Buffer

Print

About JOHN HENRY