The Karnataka High Court has upheld an order directing an autonomous medical institute to pay the “stipendiary nurses” at par with regular employees as well as to not discontinue their service until recruitment for staff nurses on a regular basis takes place.

For context, stipendiary nurses are employed on a contractual basis who receive a regular fixed stipend instead of a salary. 

A Division Bench of Justice Anu Sivaraman and Justice T.P. Vivekananda was hearing a batch of writ appeals filed by Mysore Medical College and Research Institute and the State of Karnataka against a common judgment of the Single Judge dated July 22, 2021.

Agreeing with the Single Judge's order, the Bench observed that the “stipendiary nurses”, who were engaged on a short-term basis, had been working against the regular posts of staff nurses for years.

“The learned Single Judge came to the conclusion that the nomenclature of "stipendiary nurses" given to the writ petitioners was misleading and that what was actually done was an exploitation of their services for long years on a contract basis or on temporary basis… It was found by the learned Single Judge that since the services of the writ petitioners was also being utilised full time, they were also entitled to payment of wages as provided in the Government Order dated 26.02.2019, even if they are called stipendiary nurses,” the Court said.

The Bench observed that these nurses have been performing full-time duties akin to regular staff for years and were required for the running of the Hospital.

The Bench referred to the Single Judge's reliance on the Supreme Court ruling in The State of Punjab & Others v. Jagjit Singh & Others, which held, “Even if the appointments are made on temporary basis or on contract basis, the person so employed could not be denied equal pay for equal work and that the contract employees would also be entitled to such wages on par with regular employees, who are made to do the same work.”

The Court further agreed with the conclusion drawn by the Single Judge based on the Apex Court's judgements in State of Haryana & Others v. Piara Singh & Others and State of Karnataka v. Umadevi, which observed, “Till regular appointment is made, the stipendiary nurses who are carrying out all the duties of the staff nurses in the Institute are entitled to continue in service.”

While upholding the Single Judge order, the Court allowed the Institute to hire stipendiary nurses for limited period, as the existing “stipendiary nurses” have been working against the regular posts of staff nurses.

“However, it is made clear that since the writ petitioners are working as against the regular posts of staff nurses which are required for the manning and the running of the Hospital, the Hospital would be free to make appointments of stipendiary nurses for the limited period of their training, in case such appointments are required to be made and the directions issued by the learned Single Judge will not stand in the way of such short stipendiary engagements being made as trainees in the Hospital.”

The Court further clarified that the petitioners shall be considered for the regular recruitment process on the basis of the Cadre and Recruitment Rules for Staff Nurses after giving them benefit of age relaxation for their service rendered in the Institution.

Background

The dispute arose when several nurses holding General Nursing and Midwifery (GNM) diplomas, engaged by Mysore Medical College and Research Institute, filed writ petitions before the High Court seeking continuous engagement and regular wages.

Stipendiary nurses hired from 2009 for short periods were still serving in 2019. Many others engaged in 2013 were working through 2018–19, performing full-time staff duties. The Single Judge allowed their petitions, directing continuance of service and payment of wages as per a 2019 Government Order. Aggrieved, the institute and the state appealed.

Stipendiary nurses hired from 2009 onwards for a short period, were still serving in 2019, performing full-time staff duties. The Single Judge allowed the petition and directed continuance of service and payment of wages as per a 2019 Government Order. Aggrieved, the institute and the state appealed against the order.

The appellants argued that the petitioners were only stipendiary nurses engaged for six months as part of training, and that directions for continuance and regular wages were “completely misconceived”. It was contended that the 2019 Government Order pertained only to contractual employees and had no reference to stipendiary nurses. The appellants submitted that the Government had separately fixed stipend amounts at Rs. 12,445, by an order dated July 27, 2020, which was later enhanced to Rs. 15,556, by an order dated May 20, 2026, which the petitioners were already receiving.

The appellants argued that the petitioners were only stipendiary nurses engaged for six months as part of training, and that directions for continuance and regular wages were “completely misconceived”. It was contended that the February 26, 2019 Government Order pertained only to contractual employees and had no reference to stipendiary nurses. They further submitted that the Government had separately fixed stipend amounts at Rs 12,445 (by order dated July 27, 2020), later revised to Rs 15,556 (order dated May 20, 2026), which the petitioners were already receiving.

Case: MYSORE MEDICAL COLLEGE VS STATE OF KARNATAKA & OTHERS & Batch

WA No. 263/2022 and connected petitions

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