New Delhi [India], March 18 : Several nurses federations have filed a Public Interest Litigation (PIL) in the Delhi High Court, urging the Centre to formulate and enforce comprehensive guidelines for transfer policies in medical institutes, with a particular focus on spousal considerations.
The petition highlights that the absence of transfer policies based on spousal grounds at AIIMS constitutes indirect discrimination against women, who, as primary caregivers, are often compelled to relinquish employment opportunities.
This omission, the petition argues, is illegal and violates the constitutional guarantees of non-discrimination under Article 14, as well as the rights to equal opportunity and gender equality enshrined in Articles 15 and 16 of the Indian Constitution.
Several nurses federations, including the All India Government Nurses Federation, Nursing Professional Development Association (NPDA), AIIMS Rishikesh, AIIMS Patna Nurses Union, and Mangalagiri AIIMS Nursing Officer's Association, have emphasised the significance of the Department of Personnel and Training (DoPT) Office Memorandum.
The memorandum underscores the importance of ensuring that spouses are posted at the same station to enable them to lead a normal family life and to safeguard the education and welfare of their children, stated the plea.
It further states that Section 35 of the All India Institute of Medical Sciences (AIIMS) Regulations, 2019, stipulates that for matters not explicitly addressed in the regulations, the rules applicable to Central Government servants concerning general conditions of service shall apply to AIIMS employees. This ensures consistency in administrative practices and aligns AIIMS policies with broader Central Government service regulations.
Filed through Advocates Satya Sabharwal and Palak Bishnoi, the petition further submits that, where feasible, if both husband and wife are employed in the same department and the required level of post is available, they should invariably be posted together. This measure, it argues, would enable families to maintain a cohesive and stable environment, ensuring the well-being of their children and promoting a balanced family life, plea added.