- (1.) HEARD both sides.
(2.) THE petitioners have challenged the order of the Central Administrative Tribunal, Patna Bench to the extent it directed the respondents to pay Patient Care Allowance with effect from 15.05.1996. According to the petitioners, they are entitled to be paid the Patient Care Allowance with effect from 01.04.1987.
(3.) IT is seen that the claim is based on a notification issued by the Government of India, Ministry of Health and Family Welfare. The petitioners are working in the Central Hospital under the Ministry of Labour. The petitioners were not being paid the allowance. They, therefore, approached the Central Administrative Tribunal, Patna Bench with O.A. No. 722 of 1995. Their complaint was that the allowance was not being paid to them according to the notification and the policy decision of the Government of India, Ministry of Health and Family Welfare. The respondents took the stand that the notification issued by the Ministry of Health was not ipso facto applicable to the employees of the Labour Department and that the Scheme formulated has not been adopted by the Ministry of Labour. It was further submitted that the respondents were actively considering the sanction of this allowance in consultation with the Internal Division of Finance and the decision in the matter would be taken very soon. It appears that no decision was taken thereafter. In that context, the petitioner again approached the Central Administrative Tribunal with O.A. 594 of 1997 complaining that the allowance was not being paid to them. The Tribunal after consideration of the relevant aspects, came to the conclusion that the applicants were entitled to grant of the Patient Care Allowance. The Tribunal found that inspite of several directions, apparently, no final decision has been taken and in the circumstance, it directed that the said allowance be paid to the petitioners with effect from 15.5.1996. i.e. from the date of its order in O.A. 722 of 1995.;