VIKAS YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioners seeking quashing of letter dtd. 20/4/2021 passed by the respondents vide which their representation seeking fixation of their duties with the Unit Medical Inspection Room and Hospitals in order to utilize their special knowledge and skill, has been rejected. A direction is thereby sought to the respondents to fix their duties with Unit Medical Inspection Room and Hospitals and grant benefit of Hospital Patient Care Allowance (HPCA) and Patient Care Allowance (PCA), as has been granted to the Central Government Employees in terms of letter dtd. 4/2/2004.

(2.) Petitioners claim to be personnel working on Group "C" posts in Central Reserve Police Force. The grievance of petitioners is that they have time to time been posted at the hospitals established by the respondents, wherein they assist the medical and para medical officers for collection of samples from patients and operate the machine and equipments available in the hospital. But after completion of the terms at the hospitals, they are posted with various Units and Battalions of CRPF wherein their skills and knowledge are not being utilized at the Medical Inspection Rooms. Rather, such personnel are deployed at Morcha and Night duties. It is claimed by petitioners that due to shortage of trained staff for collection of samples from patients and operate Semi Automated Biochemistry Analysers, the duties of petitioners in the MI Rooms and Hospital is inevitable and necessary in order to achieve objective of the certified training course, which petitioners have already undergone. In this regard, petitioners have claimed to made representations to the competent authority, which have not been replied to by the respondents.

(3.) During the course of hearing, learned counsel appearing on behalf of petitioners has submitted that the respondents are not utilizing the specialized paramedical services of existing technically trained personnel on the false ground that there is only temporary requirement of personnel, whereas fresh applications have been invited by the respondents for nomination of eligible Constables/GD for their training as Lab Assistant on the expenditure from public exchequer. It is also the grievance of petitioners that while discharging their duties as trained lab technicians with various hospitals and medical facilities administered by the respondents as well as while handling specimen of patients for biochemical examination and being posted in hospitals and MI room, they are in direct contact of the patient with communicable diseases and so, they are eligible for grant of Patient Care Allowance, as is being granted to other personnel of various hospitals and health care centres.