V STEPHEN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner challenges the order dated 16th September, 2009 passed in O.A No.1732/2008 titled V.Stephen v. Union of India through the Secretary, Ministry of Defence and Ors dismissing his plea for grant of patient care allowance at Rs.160/- per month with effect from 1st August, 1997 and Rs.700/- per month with effect from 29th December, 1998 and arrears of patient care allowance along with interest at the appropriate rate.

(2.) The plea of the petitioner before the Tribunal was that he was absorbed in Indian Air force and has been working as Pharmacist-cum-clerk. He contended that pursuant to implementation of 5th Pay Commission with effect from 1st August, 1997 he has become entitled for patient care allowance at the rate of Rs.700/- per month with effect from 29th December, 1998 in terms of Ministry of Health and Family Welfare letter dated 2nd January, 1999.

(3.) The claim of the petitioner was contested by the respondents contending inter-alia that as per the Government of India (Ministry of Defence) circular dated 17th November, 2005 grant of patient care allowance/HPCA is now admissible only to Group C and D employees of the Armed Forces Hospital/medical establishment to the selected three broad categories of such group employees. According to the respondents Pharmacist-cum-Clerk are not within nine types of employees notified in the circular and consequently the petitioner is not entitled for patient care allowance/HPCA. The claim of the petitioner was also contested on the ground of delay and latches. The respondents also contended that the petitioner was receiving the patient care allowance at the old rate of Rs.80/- per month on account of mistake and even the payment already made to him was not justified.