ORDER : 1. Heard Mr. R. Mazumdar, learned senior counsel, assisted by Mr. H. Bezbarua, learned counsel for the petitioners. Also heard Mr. S.S. Roy, learned Govt. Advocate for the Union respondent. 2. In this petition, the petitioners who are serving as Nursing Assistants in the Border Security Force and are claiming for grant of nursing allowance as had been given to other Nursing Assistants serving in other paramilitary forces like Assam Rifles and CRPF. 3. The claim of the petitioners is also based on decision rendered by this Court in WP (C) No. 279 (SH) of 2009 of the then Shillong Bench of this Court, disposed of on 4.11.2010, which was upheld by the Division Bench of the Shillong Bench of this Court in Writ Appeal No. (SH) 1 of 2011. 4. Only the relevant facts in brief may be referred to. 5. The petitioners entered service as Nursing Assistants on different dates as mentioned in para 5 of the Writ Petition. 6. It is the claim of the petitioners that the petitioners were selected for appointed to the posts of Head Constable (Nursing Assistant) in BSF having fulfilled the eligibility criteria for appointment to the said posts as mentioned in the Standing Operating Procedure 2010 which reads as follows: "4. Eligibility Conditions: Those Head Constable and Constables, who are possessing certificates of not less than 06 months Nursing Assistant Course conducted by BSF or Army authority, are to be considered for appointment by deputation/absorption:- (a) Age (i) Head Constable below 45 years of age. (ii) Constable below 40 years of age with 5 years of continuous service in the grade. (b) Education Qualification (i) Academic Class 10th Passed. Preference will be given to the candidates possessing education 10+2 with science. (ii) Technical (i) Certificate of not less than 6 months Nursing Assistant Course conducted by BSF or Army authorities. (ii) Preference will be given to those candidates qualified in advanced Nursing Assistant Course conducted by BSF equivalent Army Course for the duration not less than 01 year. (iii) Candidates undergone Training/Course/Experience in Lab Technology, Physiotherapy, X-ray, ECG for duration of minimum 3 months conducted by BSF or Army or any other state/Central Agency will be considered for merit. (iii) Experience Minimum 3 years experience in BSF Hospital as Nursing Assistant is essential. (iii) Candidates undergone Training/Course/Experience in Lab Technology, Physiotherapy, X-ray, ECG for duration of minimum 3 months conducted by BSF or Army or any other state/Central Agency will be considered for merit. (iii) Experience Minimum 3 years experience in BSF Hospital as Nursing Assistant is essential. However, preference will be given to those presently performing duty/ attached with BSF Hospital as Nursing Assistant. Note: The years of experience will be assessed from the ACR dossiers of the individual. In absence of entry of performing duty as Nursing Assistant in ACR file, certificate issued by a Medical Officer/Comdt/HOO based on records of service will be considered. 7. The petitioners contend that after serving in the force in the Border Security Force for several years they had undergone various nursing courses conducted by the BSF authorities for which they had to undergo certain examination also. On completion of the said aforesaid nursing courses conducted by the BSF authorities, they were issued certificates to the effect. 8. The aforesaid certificates clearly mention that they have acquired the required skill for nursing assistance to the ill/sick and accordingly, they have been discharging the duties of nursing to the ill and sick members of the force in various composite hospitals, base hospitals and unit hospitals. 9. Though, the petitioners were initially appointed as Constables and other ranks initially, after they successfully underwent the nursing courses conducted by the Border Security Force as mentioned above, they have been formally appointed and absorbed as Head Constables (Nursing Assistant) vide order dated 30.01.2015, as they also fulfill the necessary criteria for the said post. 10. The aforesaid absorption order of appointment dated 30.01.2015 clearly mentions that a number of posts were created as Head Constables (Nursing Assistant) in BSF Para Medical set up which were to be filled by way of deputation/absorption and those personnel who had shown willingness and successfully undergone the nursing courses conducted by the authorities were permanently absorbed to the posts of Head Constable (Nursing Assistant) in BSF Para Medical set up with effect from 01.02.2015 in the Pay Band-II (Rs. 5200/- and Rs. 20,200/-) and Grade pay of Rs. 2400/- 11. 5200/- and Rs. 20,200/-) and Grade pay of Rs. 2400/- 11. The aforesaid posts of Head Constable (Nursing Assistant) in BSF Para Medical Set up form a separate cadre, whose service conditions are governed by the in BSF Combatised Para Medical Staff Recruitment Rules, 2013 for all purposes including seniority, promotion, other service matters etc. 12. Upon permanent absorption in the rank as Head Constable (Nursing Assistant) in BSF Para Medical Set up, they were made to technically resign from their previous general duty posts under the provisions of Rule 26 of CCS (Pension) Rules, 1972. 13. From the absorption order dated 30.1.2015, a copy of which is as annexed by R-3 to the affidavit-in-opposition filed by the respondent, it is clear that post of Head Constable (Nursing Assistant) is a distinct and integral part of BSF whose main duty is to render nursing service. In other words, this is a cadre specifically formed to cater to the needs of BSF personnel in their various duties in the boarder and other areas of duties. 14. It is also the specific claim of the petitioners that there are other posts of Staff Nurse who are posted in the 100 bedded Composite Hospitals and 50 bedded Composite Hospitals. However, there is no Staff Nurse on duty in the Frontier Hospitals Sector Hospitals, Training Centres hospitals as well as unit hospitals and it is the Nursing Assistants including the petitioners who provide service not only to Composite Hospitals, but to the remaining Frontier Hospitals, Sector Hospital, Training Sector and Unit Hospitals. 15. It is also the case of the petitioners that while nursing allowance has been granted to the Assistant Matrons, Sisters, Staff Nurse, Auxiliary Nurse, Mid-wife of the Boarder Security Force, the same benefit has been denied to the Nursing Assistants, though, they are also discharging similar duties of nursing the ill and sick persons of the Force in various locations of duties, as mentioned above. 16. In this regard, learned counsel for the petitioners has also relied on the decision rendered by this Court referred to above, filed by Nursing Assistants who were working in the Assam Rifles. In the said writ petition, WP (C) No. 279 (SH) of 2009, this Court after considering the various aspects of the matter and contentions raised by the authorities directed payment of nursing allowance to all Nursing Assistance of the Force. 17. In the said writ petition, WP (C) No. 279 (SH) of 2009, this Court after considering the various aspects of the matter and contentions raised by the authorities directed payment of nursing allowance to all Nursing Assistance of the Force. 17. This Court in the aforesaid judgment also referred to the decision rendered by the Central Administrative Tribunal, Guwahati Bench in OA No. 122/2089 filed by Nursing Personnel working in the CRPF. The Central Administrative Tribunal vide order dated 12.04.1990 directed CRPF authorities to pay nursing allowance to the Nursing Personnel of the CRPF. 18. The said decision of the Central Administrative Tribunal, Guwahati Bench was not interfered by the Hon'ble Supreme Court and subsequently, the Ministry of Home Affairs issued the necessary communication on 09.11.2000, addressed to the Director General, CRPF conveying sanction of the competent authority for payment of nursing allowance and other allowances to the Nursing Personnel of the CRPF. 19. In the said petition, WP (C) No. 279 (SH) of 2009 this Court also observed that while Assam Rifle Authorities granted any nursing allowance to the nursing staff, it did not grant the same to the category of Nursing Assistants. 20. The reason for denial of nursing allowance to the Nursing Assistants by the Assam Rifle Authorities was that the Nursing Assistants did not possess the necessary qualification for appointment of Nurse. 21. The Court considered the said contentions of the respondents and made observations that there is nothing in the relevant recruitment rules to indicate grant of nursing allowance to any category of nursing staff, and qualification and other criteria for these posts cannot be decisive of the question as to whether they are entitled to nursing allowance or not. 22. This Court also made the observation that Nursing Assistants were integral part of the nursing staff and Nursing Assistants would be also entitled to nursing allowance. 23. The Court also referred to an OM dated 28.07.2019 issued by the Ministry of Home Affairs, Govt. of India which provided for payment of nursing allowance to the Nursing Personnel of Paramilitary Forces at the rate applicable to the nursing personnel in the Central Govt. Hospitals. 24. 23. The Court also referred to an OM dated 28.07.2019 issued by the Ministry of Home Affairs, Govt. of India which provided for payment of nursing allowance to the Nursing Personnel of Paramilitary Forces at the rate applicable to the nursing personnel in the Central Govt. Hospitals. 24. In the said Office Memorandum, it was provided under para 2 thereof that the rates of nursing allowance mentioned in the said Office Memorandum will be applicable only to those nursing personnel who are entitled for payment of nursing allowance as per their recruitment and service rules. 25. The Court referring to the said Office Memorandum dated 28.07.2009 made the observation that the relevant recruitment rules in Assam Rifles do not throw any light on the entitlement of the nursing allowance. 26. The Court also observed that the Office Memorandum did not make any distinction on the basis of educational and profession qualification towards entitlement of nursing allowance. 27. Accordingly, the Court ordered that Nursing Assistants serving in the Assam Rifles would be entitled to nursing allowance at par with other nursing staff from the respective date of applicability of the same at the prescribed rates. 28. As mentioned above, the aforesaid decision was considered again by the Division Bench in Writ Appeal No. (SH) 01/2011. 29. The Division Bench also considered the issue of educational qualification and made the observation that the relevant Office Memoranda do not make any distinction between nursing staff on the basis of educational qualification for grant of nursing allowance and as such, the authorities cannot be allowed to import to the rules something which were not present under the Rules and accordingly, reiterated that grant of nursing allowance cannot be dependent upon the educational qualification. 30. Learned counsel for the petitioners has relied on the aforesaid decision to claim nursing allowance to the petitioners. 31. The stand of the respondents in this petition, as evident from the affidavit-in-opposition filed may be stated as follows: (i) It has been contended that the Head Constables (Nursing Assistants) are not granted nursing allowance, as the same is not permissible in view of the Ministry of Home Affairs UO No. II-27011/44/2008-PF.H dated 29.01.2013, in which it has been mentioned that only such person having Registration Certificate from the State Nursing Council and recognized by the Indian Nursing Council will be eligible for nursing allowance. (ii) It has been contended that the present petitioners who are serving as Head Constables (Nursing Assistants) do not possess any of the qualifications approved by the Indian Nursing Council and do not possess the Registration Certificate issued by State Nursing Council. (iii) It has been also submitted that the Nursing Assistant courses undertaken by the petitioners is not proper nursing course. The course undertaken by them is only for one year duration whereas GNM/diploma course runs for three and a half years and B.Sc. Nursing Degree course runs for four years, and as such, they cannot be said to be qualified nurses so as to be entitled to nursing allowance. 32. However, in the affidavit-in-opposition filed by the respondents, they have admitted that nursing assistants are integral part of the nursing Staff of Force, as mentioned in page 13 thereof, but asserted that the petitioners did not possess the qualifications for appointment as nurses for the reasons mentioned above. 33. As regards the post of Nursing Assistant in Assam Rifles, it has been submitted that Nursing Assistants in Assam Rifles possess certificate of proficiency General Nursing from Armed Forces Medical Service, and as such, their case cannot be compared with the Nurse Assistants in the BSF. 34. It has been further submitted by the respondent authorities that the petitioners in lieu of nursing allowance are getting hospital patient care allowance @ Rs. 2100/- per month. 35. From the above, it is clear that the stand of the respondent authorities is that the petitioners do not possess the necessary qualifications for appointment as Nursing Personnel, as they do not possess registration certificate from the State Nurse Council and also have not undergone Nursing Program recognized by the Indian Nursing Council as mentioned by Ministry of Home Affairs UO No. II-27011/44/2008-PF.II dated 29.01.2013, Ministry of Home Affairs UO No. H-27011/44/2008-PF.II dated 29.01.2013. 36. As regards these contentions, this Court is of the opinion that similar contentions had been raised before the Court by the authority of Assam Rifles Personnel in the writ petition referred to above, which had repelled by the Court by holding that the educational qualifications cannot be a ground for denial of nursing allowance, if the nursing assistants also form integral part of the nursing service. 37. 37. In this petition also the respondent authorities have admitted in their affidavit-in- opposition that the nursing assistants form an integral part of the nursing staff of the organization. If that is so, this Court would held that the said plea cannot be accepted. If the role and duties of the petitioners are similar to nurses and they form integral part of the nursing staff, denial of nursing allowance to the petitioners, while giving to other nurses would be plainly discriminatory, as also held by the Court in the case referred to above. 38. As regards grant of hospital patient care allowance, it has been submitted that the said allowance is given to meet the expenses of the particular uniform required for serving in the hospital and it cannot be equated with the nursing allowance. 39. In this regard, the Court would observed that if the petitioners-are entitled to nursing allowance as given to other nurses and if the authorities wish to grant additional allowance like the hospital patient care allowance it is up to the authorities to do so, but that cannot be reason to deny nursing allowance which they are entitled to and which have been given to other nursing staff of the Force. 40. Accordingly for the reason discussed above, this Court is of the view that the petitioners would be entitled to nursing allowance and respondent authority will do the needful and pass appropriate orders in this regard to grant the petitioners the same benefit of nursing allowance from the date they had been discharging duties as Nursing Assistants. 41. The aforesaid exercise shall be undertaken within a period of four months from the date of receipt of a certified copy of this order.