AJAYAKUMAR T. Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are Combatised group 'C' and 'D' employees (non ministerial) in the Central Reserve Police Force. They are admittedly working in the hospital at the Group centre of the Force at Pallipuram in Trivandrum in various categories like Pharmacist, Ward Boy, Safai Karamchari, Hospital cook etc. Their grievance is that they are being denied Hospital Patient Care Allowance, which they are entitled to get. It is not in dispute that the Government of India had sanctioned the above allowance to group 'C' and 'D' (non ministerial) Employees excluding Staff Nurses as revealed from Ext. P1 order dated January 25, 1988. It is the case of the petitioners that pursuant to Ext. P1 order all Government hospital employees are being granted the above allowance.

(2.) In view of the averments made in the counter affidavit filed on behalf of respondents 1 and 2, I do not deem it necessary to refer to ordeal with the various contentions raised by the petitioners in support of their plea for grant of the allowance in question. In the counter affidavit it is conceded that the issue has been finally settled in favour of Group C and D employees like the petitioners by virtue of the pronouncements of various High Courts in the country. Ultimately their Lordships of the Supreme Court had confirmed the orders passed by the various High Courts and the Special Leave Petition (SLP (C) No. 1093/95) filed by the establishment was dismissed. Thereafter, the Ministry of Finance, Government of India, had ordered payment of the allowance to all civilian (non combatised) eligible Hospital staff and also to Combatised staff, who were parties to the cases filed before various High Courts. The allowance is being paid to all the eligible groups ever since. Learned Standing Counsel submits that petitioners are also entitled to get the benefit of the above order issued by the Government and that the allowance will be paid to them without any delay.

(3.) In the above facts and circumstances, the writ petition is liable to be allowed and appropriate direction for disbursement of the allowance has to be necessarily.