degree in Nursing, covered by the RoP Rules. It is trite to say that neither the Government can act contrary to the rules nor the Court can direct the Government to act contrary to the rules. From the fact situation obtaining in the two writ petitions in hand, it has emerged that the petitioners have sought a direction in the nature of mandamus to the State respondents to follow and enforce the provisions of the RoP Rules, 2017. As it has emerged that it is the State respondents who have refrained from following and enforcing the provisions of the RoP Rules, 2017 in relation to the Grade Pay entitled to Staff Nurse having B.Sc. degree in Nursing @ Rs. 8,700/- per month without any justified cause, this Court is of the clear view that by not allowing the Grade Pay @ Rs. 8,700/- per month to the petitioners, who are serving as staff Nurses and are having B.Sc. degrees in Nursing, the State respondents have acted contrary to law. In such view of the matter, the order dated 27.07.2021 passed by the respondent no. 9 in respect of the petitioners in the writ petition, W.P.[C] no. 3619/2020 is found unsustainable in law and the same is accordingly set aside. This Court is also of the considered view that if the petitioners in the two writ petitions are having B.Sc. degrees and are continuing as Staff Nurses under the State respondent authorities, they are entitled to draw Grade Pay @ Rs. 8,700/- per month from the date of their respective appointments which are seem to be after 01.04.2016, that is, the date of coming into force of the RoP Rules, 2017. The State respondents are accordingly directed that the petitioners shall be paid the Grade Pay @ Rs. 8,700/- from the date of their respective dates of joining. The arrears, if any, shall be paid within a period of 4 [four] months.
