Tribunal quashes order stopping patient care allowance to PGI staff

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has directed the PGI to pay Hospital Patient Care Allowance (HPCA) to many junior engineers working in the Department of Engineering and Planning of the institute. The bench quashed an order issued by the Post Graduate Institute of Medical Education and Research (PGIMER) dated October 14, 2022.

Over 25 Junior Engineers, in an application filed before the tribunal through advocate Karan Singla, prayed for the quashing of the order, vide which the payment of the allowance has been discontinued. They said by the virtue of the revision of pay scale under the 6th Central Pay Commission (CPC), they had been classified as Group B employees. They further prayed that the respondents be directed to restore the benefit of HPCA.

The JEs said they were originally appointed to Group C post in PGI and were granted the Hospital Patient Care Allowance (HPCA) due to their direct involvement in patient care under hazardous conditions, in accordance with a Central Government order. The Government of India order, dated September 18, 2012, allowed the HPCA to Group C and certain Group B (non-gazetted) employees directly involved in patient care.

Following the 6th and 7th Central Pay Commissions, their post was upgraded to Group B, but the nature of the duties remained the same. The 7th CPC report and a subsequent government notification clarified that the HPCA should be paid on the basis on the nature of duties, not the classification of the post. The Department of Expenditure also reiterated this stand.

Despite this, the PGIMER arbitrarily withdrew the HPCA from 21 categories of staff, including the applicants, through an office order dated October 14, 2022, without prior notice or opportunity to be heard, violating principles of natural justice and Article 14 of the Constitution of India, they claimed, adding that at the same time, the PGI allowed the HPCA to other categories, indicating discriminatory treatment.

The PGI, in its reply, justified the order. After hearing of the arguments, the tribunal said the discontinuation of the HPCA to the applicants was arbitrary, discriminatory and in violation of the principles of natural justice.

The denial of the HPCA solely on the ground of reclassification of post from Group C to B is untenable, as government orders and the 7th Central Pay Commission recommendations clearly state that eligibility for HPCA depends on the nature of duties performed, not the classification of the post. The applicants continue to perform hazardous patient care duties and are similarly situated to employees in institutions like AIIMS and Safdarjung Hospital, where HPCA is still being paid.

The respondents failed to provide a valid justification or hearing before withdrawing a financial benefit, thereby violating Articles 14 and 21 of the Constitution, the tribunal added. Moreover, the tribunal had already adjudicated similar matters in favour of the employees, the bench said while quashing and set aside the order.

The respondents are directed to restore and continue the payment of HPCA to the applicants in accordance with the Risk and Hardship Matrix of the 7th CPC — Rs 4,100 per month for employees in Level 8 and below and Rs 5,300 per month for those in Level 9 and above — with effect from July 1, 2017, in terms of the Dr Rajwanshi Committee Report, along with arrears, within a period of three months from the date of receipt of this order, the bench added.