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HIGH COURT OF DELHI
Date of Decision: 11.12.2024
NAVIN KUMAR & ORS. .....Petitioners
Through: Mr.Joby P. Varghese, Adv.
Through: Ms.Subhra Parashar, SPC
Sarkar, SI/SSB.
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (Oral)
JUDGMENT
1. Allowed, subject to all just exceptions. W.P.(C) 17122/2024 & CM APPL. 72735/2024
2. This petition has been filed by the petitioner praying for a direction to restore the payment of Patient Care Allowance/Hospital Patient Care Allowance (in short, ‘PCA/HPCA’) to the petitioners and to release the arrears of PCA/HPCA, along with interest, to all the petitioners for the period during which the payment of such patient care allowance has not been made to the petitioners.
3. In support of the prayer made, the petitioners place reliance on the Judgments of this Court dated 24.07.2024 in W.P(C). NO. 601/2023 title Hemant Kumar and Ors. v. Sashastra Seema Bal & W.P.(C) 17122/2024 Anr., and dated 13.09.2024 in W.P(C). No. 12921/2024, title Kamal Kishore and Ors. v. Sashastra Seema Bal and Anr..
4. Issue notice.
5. Notice is accepted by Ms. Subhra Parashar, the learned counsel, on behalf of the respondents.
6. Keeping in view the above-mentioned Judgments of this Court, we dispose of the Writ Petition along with the pending application by directing the respondents to examine the case of the petitioners for the grant of PCA/HPCA in terms of the eligibility criteria set out in the circular dated 04.02.2004, within a period of four weeks from today. In case they are found eligible for the same, they will be paid PCA/HPCA on a month-to-month basis, and the up-to-date arrears will be paid to them within a period of twelve weeks thereafter. In case the payment is not made within sixteen weeks in terms of this order, the same would be payable with interest at 9% P.A.
7. Further, taking into account that the respondents are being directed to consider the claim of the petitioners for the grant of PCA/HPCA, we direct that, no recovery shall be made until a final decision is taken by the respondents in terms of this order, and for a period of four weeks thereafter.
8. The petition is disposed of.
NAVIN CHAWLA, J SHALINDER KAUR, J DECEMBER 11, 2024/rv/DG Click here to check corrigendum, if any