Vikas Yadav And Ors vs Union Of India And Ors
2022 Latest Caselaw 949 Del

$~25
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                      Date of decision: April 04, 2022
+      W.P.(C) 5547/2022 & CM Appl. 16515/2022
       VIKAS YADAV AND ORS.                               ..... Petitioners
                    Through:           Mr. Ankur Chhibber & Mr. Nikunj
                                       Arora, Advocates

                          Versus

       UNION OF INDIA AND ORS.                   ..... Respondents
                     Through: Ms. Garima Sachdeva & Mr. Keshav
                               Sehgal, Advocates

       CORAM:

       HON'BLE MR. JUSTICE SURESH KUMAR KAIT
       HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN

                         J U D G M E N T (oral)

1. The present petition has been preferred by the petitioners seeking

quashing of letter dated 20.04.2021 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 dated 04.02.2004.

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.

4. Pertinently, Petitioners had approached this Court [WP (C)

No.319/2021, titled as Vikas Yadav & Ors. Vs. Union of India & Ors.],

which was disposed of by order dated 11.01.2021 by this Court with

direction to the respondents to consider their petition as a representation and

pass a speaking order thereon. Pursuant thereto, respondents vide order

dated 20.04.2021 have rejected petitioners' representation.

5. Upon hearing learned counsel appearing on behalf of petitioners and

perusal of impugned communication dated 20.04.2021 passed by the

respondents, we find that petitioners, who had initially joined the services of

CRPF as Constable in different cadres, seek to secure postings at Unit

Medical Inspection Room and Hospitals on the ground that they have been

imparted Certificate Course in the vocation of Lab Tech + ECG and are

trained Lab Technicians and can assist the Medical and Para Medical Staff

deployed at various establishments of the force. Respondents vide impugned

communication dated 20.04.2021 have declined the prayer of petitioners

observing that the technical personnel are being utilized as per requirement

and the services of trained Constables/GD is only to assist the Unit MI

Rooms/ Hospitals as stop-gap arrangement, for which they have been

imparted training by the Government; their duties in unit MI / rooms/

hospitals are only part time basis and not on full time basis at par with the

para medical staff; and therefore, the claim of HPCA and PCA made by the

petitioners at par with para medical staff cadre is bereft of merit.

6. Undisputedly, the petitioners are GD Constables. The aforesaid

observations made in the impugned communication dated 20.04.2021

clearly speak that the petitioners have been imparted with Certificate Course

in the vocation of Lab Tech + ECG so that their services could be utilized as

a stop-gap. This Court had raised a specific query to learned counsel for

petitioners as to whether the training was imparted for change of cadre or to

work as para medical staff, to which learned counsel replied that these

petitioners are equally skilled and it is not only in the larger interest of the

petitioners but also for the exchequer to utilize their services in the interest

of society.

7. In view of the above, we do not find any reason to interfere or quash

the impugned communication dated 20.04.2021. The petition is accordingly

dismissed.

(SURESH KUMAR KAIT) JUDGE

(SUDHIR KUMAR JAIN) JUDGE

APRIL 04, 2022 r