Minimum Rs 20,000 salary for nurses in private hospitals: Delhi HC threatens Govt with contempt petition on non-compliance

Delhi: Taking note of the non-compliance of an apex court committee directions calling for at least Rs 20,000 minimum wages for nurses for small hospitals and pay parity with government and private hospitals for larger hospitals, Delhi High Court came down heavily on the state government after it noticed the non-compliance of the earlier HC Decision.

The apex court order had directed the government to implement the recommendations of a committee to improve the working condition of the nursing staff in private hospitals as well as nursing homes.

Medical Dialogues had earlier reported about the apex court creating an expert committee to look into the working conditions of the nurses across the country. The recommendations of an expert committee constituted by the Ministry of Health and Family welfare on the directions of Hon'ble Supreme Court of India in the matter had submitted a report along with recommendations on the salary and working conditions of nurses in private nursing homes/ hospitals. Thereafter, a Committee consisting of 9 members, including Directorate General of Health Service, Joint Secretary, MoHFW amongst others, was constituted by the Ministry of Health and Family Welfare, Government of India vide order dated February 24, 2016.

The panel, set up by the central government on the apex court's direction, had recommended a minimum wage of Rs 20,000 for nurses working in establishments with less than 50 beds. The committee also gave some recommendations to improve the working condition of the nurses. The recommendations of the Expert Committee constituted by MoHFW, GoI, were accepted by the Government of NCT of Delhi and an order was passed by the Directorate General of Health Service (DGHS) on 25.06.2018 directing all hospitals/nursing homes to comply with the recommendations of the Expert Committee. The said Order also stated that failure in compliance of the Apex Court's Order would be viewed seriously and strict action, including cancellation of registration in respect of defaulter private hospital/nursing homes, would be initiated. 

Also Read:Minimum Rs 20,000 Salary to Nurses at private hospitals: Delhi HC directs implementation of order

Recently a plea was filed by Indian Professional Nurses through Joint Secretary Siju Thomas, for non-compliance of an order dated July 22, 2019. Pointing out that non-compliance of a previous order could be construed as willful disobedience of the Orders of this Court, Justice Subramonium Prasad stated,

"It is expected that the GNCTD shall comply with the Order dated 22.07.2019 before the next date of hearing. In case the said Order is not complied with, the concerned Officers are directed to be present in the Court to explain as to why contempt proceedings under Section 12 of the Contempt of Courts Act, 1971 should not be initiated against the erring Officers."

During the pendency of the abovementioned writ petition, a plea was made (by the petitioner in this case) alleging that the Expert Committee's recommendations, which were formed in accordance with the Supreme Court's Order, were not being implemented. The High Court's Division Bench ordered that the recommendations be followed. The contempt petition accused non-compliance with the order. 

Advocate Amit George, appearing for the Petitioner in the contempt plea pointed out that the recommendations had been categorically by the GNCTD by passing an Order issued by the DGHS. After passing such an order, the Delhi Government can not go back on their own Orders and state that the said Order cannot be implemented.

However, counsel for the Delhi Government has submitted that it is not financially viable for the Government to compel private hospitals/nursing homes to implement the pay scale as recommended by the said Expert Committee. 

" It is also submitted that the salaries/wages payable to the staff of all categories of nursing homes and hospitals are a component of the input costs that such establishments incur in the course of the provision of medical services and these are passed on and borne by the general public which avails treatment at such establishments. A manifold increase in the benchmark figure required to be paid as salaries/wages will have a ripple effect and will be passed to the general public thereby increasing cost of provision of such services which will be borne by public at large," the counsel for the government had submitted

On this, Justice Prasad noted thus:

"Despite the report dated 10.01.2018, pointing out the difficulties to implement the recommendation of the Committee, the State accepted the recommendation and order dated 25.06.2018 was passed. Further the GNCTD chose to defend the Order dated 25.06.2018 before the learned Single Judge in W.P. (C) 7291/2018. This indubitably reveals that the GNCTD has willingly given the recommendations of the Expert Committee of the State a go-by and accepted the recommendations of the Expert Committee constituted under the orders of the Apex Court."

During the last session, the Delhi High Court had asked the AAP government to implement a minimum salary of Rs 20,000 for nurses in the capital as early as possible, reported Medical Dialogues. When the Delhi government cited financial grouds for the non-implementation of the order this time, the court added,

"At this juncture, this Court is not open to accepting the change instance of the GNCTD inasmuch as the GNCTD, after accepting the recommendations of the Expert Committee and defending the Order of the DGHS dated 25.06.2018 before the learned Single Judge, is now taking a U-turn by stating that said Order cannot be implemented,"

It observed, "This conduct of the GNCTD is not appreciated. It further raises the apprehension that something has transpired during the time that has passed between the rendering of the learned Single Judge's Order dated 24.07.2019 and the filing of the affidavit dated 19.08.2021 that has caused the GNCTD to take a 180° change in its stand. This can be construed as wilful disobedience of the Orders of this Court."

Though the Delhi government demanded three weeks to address the issue, the court has listed the next hearing on 22nd July. 

You can read the order by clicking on the following link:

https://medicaldialogues.in/pdf_upload/1653282881437-31600-2022-419014-177342.pdf