Cuttack: Orissa High Court has ruled that financial burden cannot arrest the right of the employees working under the state.

The court gave its ruling in a case of assistant matrons, nursing sisters and staff nurses of the Swami Vivekananda National Institute of Rehabilitation Training and Research, an institution under the Union ministry of social justice and empowerment, at Olatpur, some 20km from here.

The nursing sisters and staff nurses of the institute were treated equally with other nursing employees of the government of India. But while giving benefit of the Sixth Pay Commission there was alleged discrimination.

The nursing employees of central government institutions were given the financial benefit with effect from January 1, 2006.

But the nursing employees of the Olatpur institute were given the benefit by an order issued on January 13, 2017, only after high court intervention.

The matter returned to the court as the financial benefit although extended from January 1, 2006, was extended notionally and actually from January 13, 2017, when the judges issued the order.

The court's intervention was sought for releasing the differential arrear salary with regard to the 6th Central Pay Commission from January 1, 2006 to January 13, 2017.

When the Union ministry of social justice and empowerment was issued notice, the assistant solicitor general argued that any direction for payment of arrears would saddle the government with heavy financial burden.

However, the single judge bench of Justice D.P. Choudhury ruled that financial burden could not curtail the right of the nursing employees of the Olatpur institute.

"When the rights have not been addressed at right time by the opposite parties, the employees cannot be held responsible for this," Justice Choudhury ruled.

"Any constitutional safeguards to the employees should not be defeated by mere plea of financial burden by the state."

Accordingly, Justice Choudhury directed the central government department to pay differential upgraded grade pay to the nursing staff members of the institute, according to posts held, with effect from January 1, 2006, to January 13, 2017 under the Sixth Central Pay Commission recommendations within three months from the date of the order. The order was issued on January 10.