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Judgment
Per: SURESH KUMAR BATRA, MEMBER (J):
The applicants have preferred instant O.A under Section 19 of the Central Administrative Tribunals Act, 1985 seeking following relief:
i.Deprecate the action of respondents in not disbursing Hospital Patient Care Allowance (HPCA)/Patient Care Allowance (PCA) to the applicants right from the date of their appointment from 02.03.2022 to 23.06.2026 till date, despite approval of Risk and Hardship Matrix of 7th CPC, i.e. Rs. 4100 for Level-8 and below and Rs. 5300 for Level- 9 and above w.e.f. 01.07.2017, in terms of Notification dated 06.07.2017 (Annexure A-4), whereby the Government after consideration had decided to accept the recommendations of the Pay Commission on allowances with 34 modifications. The action being illegal, excessive, unjust and in violation of Resolution dated 06.07.2017circulated vide DoPT OM dated 25.07.2017 (Annexure A- 4 Colly), in violation of law settled by this Tribunal on the issue of entitlement of HPCA in cases of similarly placed employees in OA No. 181 of 2018 titled as 'PGI Employees Union Vs. PGIMER, Chandigarh', vide Order dated 13.02.2026 (Annexure A-8), and many other similar cases including those where O.M dated 21.04.2023 has been quashed.
ii.Direct the respondents to release the Hospital Patient Care Allowance (HPCA)/Patient Care Allowance (PCA) to the applicants from date of joining service till date in the light of newly approved Risk and Hardship Matrix of 7th CPC, i.e. Rs. 4100 for Level-8 and below and Rs. 5300 for Level-9 and above w.e.f. 01.07.2017, in terms of Notification dated 06.07.2017 (Annexure A-4) read with judicial precedents in cases of similarly placed persons and in case felt appropriate while setting aside O.M dated 21.04.2023 (already quashed and set aside in many cases) and grant arrears and interest @9%from date the amount became payable, till its realization.
The case of the applicants, in brief is that the applicants are employees of AIIMS, Bilaspur, working on various Group-C posts, including Storekeeper, Library Attendant Grade-II, Librarian Grade-III, Stenographer, Junior Administrative Assistant, Cashier, Hostel Warden, Junior Warden and Junior Engineer (Civil). They were appointed between 02.03.2022 and 23.06.2026 and have approached this Tribunal seeking grant of Hospital Patient Care Allowance (HPCA)/Patient Care Allowance (PCA). The applicants submit that their duties involve continuous and routine exposure to patients suffering from communicable diseases and/or handling of infected materials, instruments and equipment. They rely upon the Government instructions dated 04.02.2004 and the Ministry of Finance Resolution dated 06.07.2017, circulated through DoPT OM dated 25.07.2017, whereby HPCA/PCA was retained under the Risk and Hardship Matrix at the prescribed rates.
It has further been pleaded that despite the aforesaid instructions, HPCA/PCA has not been paid to them from the respective dates of their appointment. They further rely upon the Office Memorandum dated 21.04.2023, whereby HPCA/PCA to ministerial staff was sought to be discontinued, contending that the said OM has subsequently been quashed by various Benches of the Tribunal. The applicants submitted representations dated 05.02.2025 and again on 24.07.2026, 25.07.2026 and 28.07.2026, requesting grant of HPCA/PCA. They also placed on record salary slips and other material to contend that similarly situated employees working in other AIIMS are being paid the said allowance.
The applicants further rely upon the judgment dated 13.02.2026 passed by this Tribunal in OA No. 181 of 2018, P.G.I. Employees Union (Group B, C and D Employees) Vs. PGIMER, Chandigarh, whereby the OM dated 21.04.2023 was quashed and directions were issued for grant of HPCA/PCA in terms of the 7th CPC, along with consequential arrears. According to the applicants, they are similarly situated and are therefore entitled to the same benefit.
Learned counsel for the applicants submits that the applicants would be satisfied if a direction is issued to the respondents to consider and decide the claim of the applicants in accordance with the order dated 13.02.2026 passed by this Tribunal in O.A No. 181/2018 and applicable rules and instructions within a time-bound period.
Learned counsel for the respondents has conceded the innocuous limited prayer of the applicants for redressal of their grievances.
In view of the limited prayer made by the learned counsel for the applicants and without entering into the merits of the case or expressing any opinion thereon, I deem it appropriate to dispose of the present Original Application at the admission stage.
Accordingly, the Original Application is disposed of with a direction to the competent authority amongst the respondents to consider and decide the claim of the applicants for grant of Hospital Patient Care Allowance (HPCA)/Patient Care Allowance (PCA) in terms of the Risk and Hardship Matrix (R1H3) under the 7th CPC, and in the light of the order dated 13.02.2026 passed in O.A. No. 181/2018. The aforesaid exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order by passing reasoned and speaking order.
Needless to say, this Tribunal has not expressed any opinion on the merits of case. The Original Application stands disposed of in the above terms. No order as to costs.