SHAMSHUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS No.1 and 2 are engaged as cooks with BSF. Petitioner No.3 is employed as a Safai Karamchari. All of them claim entitlement to receive Hospital Patient Care Allowance in terms of the policy decision dated 04.02.2004. It may be noted at the outset that after the writ petition was filed, petitioner No.3 has started receiving the said allowance and thus we need to decide the issue qua petitioner No.1 and petitioner No.2 who are working as cooks in BSF Hospitals.

(2.) PETITIONERS rely upon the decision dated 19th March, 2008 in W.P.(C) No.1866/2008 SI S.R.Khan &Ors. Vs. UOI & Ors. wherein a Division Bench of this Court held that Pharmacist, ANM, Radiographer and Kahar (Waterman) being combined paramilitary staff and posted in BSF Hospitals would be entitled to the said allowance.

(3.) SUFFICE would it be to state that the very preamble i.e. the opening paragraph of the circular makes it clear that Hospital Patient Care Allowance has to be paid to Group C & D (Non-Ministerial) employees working in hospitals, dispensaries and organizations. Prima facie, the word ,,organizations must take colour from the preceding two words i.e. ,,hospitals and dispensaries. Thus, it would be those organizations of BSF where medical treatment is given, for example an M.I. Room.