VIKAS YADAV AND ORS  Vs UNION OF INDIA AND ORS

W.P.(C) 319/2021 Page 1 of 3
$~Suppl. -43
* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 319/2021 & CM APPL.805/2021
VIKAS YADAV AND ORS ….. Petitioners
Through: Mr.Ankur Chhibber, Advocate.

versus

UNION OF INDIA AND ORS ….. Respondents
Through: Mr.Ruchir Mishra with Mr.Mukesh
Kumar Tiwari and Mr.Rishesh Mani,
Advocate s.

% Date of Decision: 11th January, 2021
CORAM:
HON’BLE MR. JUSTICE MANMOHAN HON’BLE MS. JUSTICE ASHA MENON

J U D G M E N T

MANMOHAN , J (Oral) :
1. The petition has been heard by way of video conferencing.
2. Present writ petition has been filed seeking a direction to the
Respondents to detail and fix the duties of the Petitioners with Unit Medical
Inspection Room and Hospitals in order to proper ly utilize the special
knowledge possessed by the Petitioners and to grant the benefit of Hospital
Patient Care Allowance and Patient Care Allowance (HPCA/PCA) as has
been accorded to other Central Government Organizations in terms of letter
dated 04th
February 2004.
2021:DHC:108-DBW.P.(C) 319/2021 Page 2 of 3
3. Learned Counsel for the Petitioner s submits t hat in light of acute
shortage of trained Lab Tech Staff for operating semi auto analyzer
equipments installed at various units of the Force, order dated 13th February
2020 was issued, whereby the said personnel were directed to be deployed
according to th eir special qualification i.e . as trained Lab Technicians.
However, it is the case of the Petitioners that they are being detailed with
Sentry Night Duties or with the duties of Morcha.
4. Learned Counsel for the Petitioner s states that the Petitioners should
also be granted HPCA/PCA allowance as directed by Ministry of Home Affairs vide order dated 17
th January 2020 with respect to personnel under
MHA.
5. Issue notice.
6. Mr.Ruchir Mishra, Advocate accepts notice on behalf of the
respondents.
7. Learned counsel for the R espondents states that the Petitioners are not
entitled to HPCA/PCA as the petitioners have admittedly not performed the
relevant duties and in any event, the said allowance has been subsumed
under the Risk and Hazardous Allowance under the 7th
9. Keeping in view the fact that the Respondents ha ve not passed any
speaking order and/or dealt with the contentions of the Petitioners, thi s
Court directs the present writ petition to be treated as a written
representation to the Secretary, Ministry of Home Affairs, Union of India
who is directed to decide the same by way of a reasoned order within twelve
weeks in acc ordance with law, after t aking input s from the respondent no.2. Pay Commission.
8. In rejoinder, learned counsel for the Petitioners disputes the aforesaid
contention s.
2021:DHC:108-DBW.P.(C) 319/2021 Page 3 of 3
It is clarified that t he rights and contentions of all the parties are left open.
This Court clarifies that it has not expressed any opinion on the merits of the
controversy.
10. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON, J
JANUARY 11, 2021
KA

2021:DHC:108-DB