UOI Vs. RAJENDER RAM

JUDGEMENT

(1.) HAVING heard learned counsel for the parties we are of the opinion that the writ petition has to be allowed.

(2.) A reading of the impugned order dated February 28, 2012 passed by the Central Administrative Tribunal would reveal that the Tribunal has principally agreed with the petitioners that the Circular dated February 4, 2004 disentitles the respondent to receive ,,Patient Care Allowance but has granted the relief on grounds of parity observing that documents filed by the respondents (claimants before the Tribunal) would reveal that Chowkidars working in Institutions such as (i) National Victor Borne Disease Control Programme (NVBDCP), (ii) RHTC, Najafgarh, (iii) Raj Kumar Amrit Kaur College of Nursing and (iv) LRHS, Najafgarh were being paid the Patient Care Allowance and the petitioners, impleaded as respondents before the Tribunal, could give no reason why said organizations were paying Patient Care Allowance to Chowkidars but the National Centre for Disease Control under whom respondents were working as Chowkidars was not paying Patient Care Allowance.

(3.) THE Tribunal has noted only condition No.(ii) and since the National Centre for Disease Control has no beds at all; and we note does not have even an OPD, the Tribunal has held, and rightly so, that the very eligibility condition for being paid Patient Care Allowance was not fulfilled and hence under the policy Circular the claimants before the Tribunal, impleaded as respondents in the writ petition, would not be entitled to any Patient Care Allowance.