Contempt Petition No.683 of 2019 in W.P.No.31213 of 2017 S.VAIDYANATHAN,J. and P.T.ASHA,J.              On 01.11.2022, this Court had directed the learned Advocate General representing the Contemnor to clarify the contents. It is also clarified that the Nurses need not be necessarily called separately for personal enquiry, but each case shall be considered individually on the basis of the letters, documents and comparative chart that each of the individual Nurses would submit with reference to the orders of this Court dated 11.06.2018 and 02.07.2018, respectively.  In the light of the above order, Associations shall not be addressed and they need not be given an audience.                             7.             List this matter on 04.01.2023.                           (S.V.N.,J.)      (P.T.A.,J.)                        21.11.2022                               

Contempt Petition No.683 of 2019

in

W.P.No.31213 of 2017

S.VAIDYANATHAN,J.

and

P.T.ASHA,J.

             On 01.11.2022, this Court had directed the learned Advocate General representing the Contemnor to clarify the contents as found ascribed in paragraph 10 of the Additional Affidavit dated 10.10.2019 filed by the Contemnor/Respondent.  Though valiant efforts were put forward by the learned Additional Advocate General to defend the statement of the contemnor in paragraph 10, he was however unable to defend the undefendable, as the statement on the face of it, is contumacious.             2.             In the light of the above, the Contemnor/Respondent shall file an Affidavit on or before 15.12.2022, admitting that she has been in contempt of the order of this Court.  She shall tender an apology for having done so and she shall withdraw the contents of paragraph 10 of the Additional Affidavit, insofar as it relates to the statement that the order of this Court cannot be considered “on a case-to-case basis”.               3.             In the light of the above, a direction is issued to the Principal Secretary, Department of Health and Family Welfare Department, Chennai, to call for individual representations from each and everyone of the 10,000 Nurses; compare their duties to that of the regular Nurses and thereby comply with the order dated 11.06.2018 passed by this Court in W.P.No.31213 of 2017, relevant portion of which is extracted hereunder:             “3.             In the meanwhile, the Core Committee shall give the Associations/concerned Nurses an opportunity of hearing and decide on a case to case basis which of the Nurses appointed on contract are performing the same duties as the Nurses of Government hospitals.              4.             In case of Nurses performing the same duties, equal remuneration will necessarily have to be paid as observed by this Court.  However, the factual issue of whether the duties are in fact the same will have to be decided on a case to case basis as held by the Supreme Court in State of Punjab and others v. Jagjit Singh, reported in (2017) 1 SCC 148 and as observed by this Court by its order dated 12.01.2018.   The exercise shall be completed by the Core Committee within a period of six months from date.”              4.             The above exercise shall be commenced on 01.12.2022 and shall be concluded by 31.12.2022.  A Report to that effect shall be submitted on the next hearing date, i.e. on 04.01.2023.                            5.             The Principal Secretary, Department of Health and Family Welfare Department, Chennai, shall also bear in mind the order dated 02.07.2018 passed in W.P.No.31213 of 2017, wherein, when the matter was posted ‘for compliance’, it was observed as under:             “4.             As observed above, the order of this Court for enhancement of salary of the contract Nurses has been complied with.  The exercise of scrutinizing the duties performed by the contract Nurses, to ascertain whether they perform the same duties as regular Government Nurses appointed in Government hospitals, and thus entitled to the same pay and emoluments, which has to be done on a case to case basis shall be completed by the Core Committee within six months as earlier directed.”              6.             It is also clarified that the Nurses need not be necessarily called separately for personal enquiry, but each case shall be considered individually on the basis of the letters, documents and comparative chart that each of the individual Nurses would submit with reference to the orders of this Court dated 11.06.2018 and 02.07.2018, respectively.  In the light of the above order, Associations shall not be addressed and they need not be given an audience.                             7.             List this matter on 04.01.2023.                           (S.V.N.,J.)      (P.T.A.,J.)                        21.11.2022