Central Administrative Tribunal - Chandigarh
Jitender Singh Son Of Lekh Ram Aged 42 ... vs Union Of India Through The Secretary To ... on 17 August, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CHANDIGARH O.A. No. 147-HP-2012 & Pronounced on: 17.08.2012 (orders reserved on : 3.8.2012) Coram: HONBLE MR. JUSTICE S.D. ANAND, MEMBER (J) HONBLE MR. RANBIR SINGH, MEMBER (A)
1. Jitender Singh son of Lekh Ram aged 42 years, Lab Technician, CRI Kasauli
2. Govind Kumar son of Sh. Yash Pal, age 40 years Khalasi, CRI, Kasauli.
3. Jagdish Kumar Shandil son of Late Sh. Nek Ram aged 37 years, laboratory Attendant, CRI Kasauli.
4. Swaroop Chand son of Sh. Puran Chand, aged 49 years, Lab. Assistant, CRI Kasauli.
5. Chand Lal son of Late Sh. Chhunnan Rai, aged 35 years, Khalasi, CRI, Kasauli.
6. Vinod Kumar son of Sh. Om Parkash, aged 37 years Labour, CRI Kasauli.
7. Ganesh Dutt son of Late Sh. Dhani Ram 39 years, Lab Attendant, CRI Kasauli.
8. Ghana Nand son of Late Sh, Prem Nath, Lab Attendant, CRI Kasauli.
9. Dharmpal Singh son of Lomxy Singh, Laboratory Attendant, CRI Kasauli.
10. Bhagat Ram son of Daulat Ram, aged 49 years, Lab Attendant, CRI Kasauli.
11. Hira Lal son of Sh. Keshoroo, aged 35 years Khalasi, CRI Kasauli.
12. Jeet Ram Chandel son of Late Sh.Shankar Lal, Lab Technician.
13. Lila Dutt son of Late Sh. Budh Ram aged 54 years, Lab Assistant.
14. Kulwant Kaur w/o Sh. Ramesh Kumar aged 43 years, Animal Attendant.
15. Ganga Sharma w/o Arvind Kumar aged 34 years, Technical Supervisor.
16. Punam Kashyap d/o Brat Pal Kashyap, aged 31 years, Tech. supervisor.
17. Dharam Singh s/o Late Sh, Kanshi Ram aged 42 years Animal Attendant.
18. Gian Chand s/o Sh. Sant Ram aged 55 years, Tech Supervisor.
19. Raj Paul s/o Sh. Mangatu Ram aged 55 years, Lab Attendant.
20. Anita Kumar d/o Sh. Mangat Ram aged 36 years, Tech. Supervisor.
21. Daya w/o Late Sh. Karam Chand, aged 56 years, Safai wali.
22. Ravinder Singh s/o Sh. Kewal Ram, aged 35 years, Animal Attendant.
23. Madan Gopal I s/o Sh. Bhadu Ram, aged 35 years, Animal Attendant.
24. Ravinder Kumar s/o Sh. Poonu Ram aged 36 years, Animal Attendant.
25. Bir Singh s/o Sh. Prem Chand aged 38 years, Animal Attendant.
26. Bhim Singh s/o Sh. Shiv Ram, aged 40 years, Animal Attendant.
27. Ram Singh s/o Sh. Sant Ram, age 48 years, Lab. Attendant.
28. Gian Chand s/o Sh. Bhagat Ram, aged 52 years, Lab. Attendant.
29. Suresh Kumar II s/o Sh. Dharam Dutt, aged 38 years, Animal Attendant.
30. Sachin Sood s/o Sh. Lekh Raj, age 39 years, Tech. Supervisor.
31. Mehar Singh s/o Sh. Roop Lal, aged 42, Khalasi.
32. Ramesh Kumar s/o Sh. Murari Lal, aged 44 years, Safai wala.
33. Chote Lal s/o Sh. Sohan aged 53 years, Safai wala.
34. Bishna s/o Sh. Dhanu Ram aged 40 years, Lab. Attendant.
35. Jeet Ram s/o Sh. Dhannu Ram, age 40 years, Khalasi.
36. Jagmohan s/o Sh. Ghanshyam Dutt, age 29 years.
37. Shyam Lal s/o Sh. R. Dass age 52 years, Lab Attendant.
38. Mehar Singh s/o Sh.Jhuthu Ram, age 34 years, Lab Attendant.
39. Dinesh Kumar s/o Sh. Roshan Lal
40. Pat Ram s/o Sh. Narainu aged 36 years, Lab Attendant.
41. Khiali Ram s/o Sh. Chimoo Ram age 56 years, Lab Attendant.
42. Rajinder Kumar s/o Sh. Diwan Chand, age 45 years, Lab Assistant.
43. Damodar Dass s/o Sh. Thina Ram aged 59 years, Lab Assistant.
44. Rajesh Kumar s/o Sh. Nand Lal age 48 years, Lab Attendant.
45. Tek Ram s/o Paras Ram age 56 years, Lab Assistant.
46. Kishan Lal s/o Sh. Khimla Ram age 58 years, Lab Attendant.
47. Gita Ram s/o Sh. Bhagat Ram age 55 years, Lab Technician.
48. Balbir Singh s/o Sh. Bansi Ram age 54 years, Lab Attendant.
49. Amar Dutt s/o Keshav Dutt age 49 years, Lab Attendant.
50. Moti Ram s/o Late Sh. Thakur Ram age 54 years, Lab Attendant.
51. Chet Ram Kausar s/o Sh. Dharamo age 56 years, Lab Assistant.
52. Anil Kumar s/o Sh. Gianinder Singh age 41 years, Khalasi.
53. Ramanand s/o Sh. Sada Ram age 54 years, Lab Attendant.
54. Ajeet Singh II s/o Sh. Bhawani Singh, age 47 years, Lab Assistant.
55. Lachhi Ram s/o Ram Dass, aged 40 years, Lab Assistant.
56. Rajinder Singh s/o Prem Chand age 30 years, Khalasi.
57. Mohinder Kumar s/o Sh. Tulsi Ram, age 39 years, Animal Attendant.
58. Joginder Singh Shandily s/o Sh. Bhawani Singh age 52 years, Lab Attendant.
59. Naresh Kumar s/o Sh. Kirpa Ram, age 34 years, Khalasi.
60. Gurdayal Kumar s/o Sh. Garkha Ram age 41 years, Lab Attendant.
61. Dalip Chand s/o Sh. Haro Ram age 48 years, Lab Assistant.
62. Tara Dutt s/o Sh. Gobind Ram age 56 years, Lab Attendant.
63. Shamshad Ali Khan s/o Late Sh. Gulam Rasul Khan age 32 years, Lab Attendant.
64. Jaiwanti Devi s/o Sh. Amar Dass, age 58 years, Lab Attendant.
65. Pritam Chand s/o Late Sh. Chotoo Ram, age 53 years, Lab Technician.
66. Ram Nath Ist s/o Tulsi Ram, age 50 years, Lab Assistant.
67. Ram Lok s/o Sh. Rameshwar age 56 years, Lab Assistant.
68. Sant Ram II s/o Sh. Sobhan Ram age 56 years, Lab Technician.
69. Rattan Singh Katoch s/o Sh. Parat Ram age 53 years, Lab Asstt.
70. Amar Dass s/o Sh. Gorkhan Ram, age 58 years, Lab Technician.
71. Anjana Kumari d/o Sh. Sohan Lal aged 36 years, Khalasi.
72. Ashok s/o Sh. Mam Chand age 52 years, Lab attendant.
73. Rajinder Kumar II s/o Late Sh. Dwarka Nath, Lab Assistant.
74. Madan Gopal Attri s/o Sh. Dev Dutt Attri, age 50 years, Lab Attendant.
75. Dev Kumar s/o Late Sh. Lachhi Ram aged 50 years, Khalasi.
76. Bhushan Kumar Attri s/o Sh. Parmeshwari Dutt, aged 45 years, Labourer.
77. Rabinder Kumar s/o Late Sh. Radha Krishan aged 59 years, Tech. Supervisor.
78. Surinder Kumar s/0 Sh. Ram Chander aged 43 years, Safaiwala.
79. Ranjeeta Bahra d/o Sh. Jai Singh, aged 30 years, Khalasi.
80. Auran Kumar s/o Sh. Ram Chander, aged 41 years, Safaiwala.
81. Satya Devi w/o Krishan Lal, aged 40 years, Safaiwali.
82. Sat Parkash s/o Late Sh. Roop Ram aged 34 years, Tech. Supervisor.
83. Mohinder Kumar s/o Sh. Nand Lal, aged 42 years, Labourer.
84. Sher Singh s/o Sh. Baboo Ram aged 36 years, Lab Attendant.
85. Nirmal Singh s/o Sh. Joginder Singh aged 36 years, Lab Attendant.
86. Baldev s/o Sh. Gian Ram age 40 years, Animal Attendant.
87. Roshan Lal s/o Sh. Tulsi Ram aged 56 years, Animal Attendant.
88. Hari Dutt Verma s/o Sh. Sobha Ram, aged 57 years, Lab Attendant.
89. Dhoom Singh s/o Sh. Bachan Singh 46 years, Khalasi,
90. Bal Krishan Shandil s/o Path Ram aged 59 years, Lab Attendant.
91. Sangeeta w/o Dhoom Singh, aged 39 years, Khalasi.
92. Yashwant Kumar s/o Sh. Jeet Ram, aged 31 years, Tech. Supervisor.
93. Gulshan Kumar s/o Sh. Kirpa Ram, aged 37 years, Tech. Supervisor.
94. Madan Lal Mago s/o Sh. Gian Chand Mago, aged 59 years, Tech. Supervisor.
95. Wilson James s/o Sh. Duli Chand aged 49 years, Animal Attendant.
96. Hari Singh s/o Partap Singh, aged 59 years, Lab Technician.
97. Prem Singh s/o Kalu Ram, aged 56 years, Lab Technician.
98. Babu Ram s/o Sh. Molu Ram, aged 57 years, Lab Assistant.
99. Smt. Heti Devi Chandel s/o Thakur Dass, aged 55 years Lab Assistant.
100. Giri Mohan s/o Sh. Midhu Ram, aged 58 years, Lab Attendant.
101. Sant Ram II s/o Laik Ram, aged 54 years, Lab Attendant.
102. Kanahya Lal s/o Surjan, aged 56 years, Lab Attendant.
103. Bhupinder Datt s/o Hari Kishan, aged 55 years, Animal Attendant.
104. Raj Rani w/o Sankar Dass, Lab Attendant.
105. Hira Nand s/o Bhagat Ram, aged 48 years, Labourer.
106. Hans Raj s/o Moti Sagar, aged 47 years, Khalasi.
107. Ravi Dutt s/o Sh. Parma Nand, aged 42 years, Khalasi.
108. Thakur Dutt s/o Late Sh. Jeet Ram, aged 46 years, Lab. Attendant.
109. Narinder Singh II s/o Khajan Singh, aged 43 years, Khalasi.
110. Ashok Kumar I s/o Sh. Piara Lal, aged 46 years, Safaiwala.
111. Yash Pal s/o Ishar Ram, aged 49 years, Safaiwala.
112. Pars Ram s/o Najru Ram, aged 45 years, Safaiwala.
113. Kundan Sen Negi s/o Sh. N.R.Negi 47 years, Lab Technician.
114. Naresh Kumar s/o Sh. Budh Ram, aged 52 years, Lab Assistant.
115. Shankar Kumar s/o Sh. Asa Ram, aged 46 years, Animal Attendant.
116. Beli Ram s/o Sh. Hansu Ram, aged 52 years, Lab Attendant.
117. Harbans s/o Ram Kishan, aged 54 years, Lab Attendant.
118. Durga Dutt s/o Sh. Shadi Ram aged 44 years, Lab Attendant.
119. Kesar Singh s/o Late Sh. Sunder Singh, aged 54 years, Lab Technician.
120. Krishan Dass s/o Sh. Dandi Ram, aged 53 years, Lab Assistant.
121. Suraj Parkash Kaushik s/o Sh. O.P.Kaushik, aged 52 years, Lab Technician.
122. Ghanshyam Singh s/o Sh. Jagat Ram, aged 39 years, Lab attendant.
123. Jagdish Chand I s/o Sh. Babu Ram, aged 48 years, Lab Assistant.
124. Davinder Kumar Attri s/o P.D.Attari, aged 59 years, Lab Technician.
125. Som Nath s/o Sh. Tula Ram, aged 43 years, Lab Assistant.
126. Panvinder Singh s/o Sh. Prem Singh, aged 33 years, Khalasi.
127. Raj Paul I s/o Sh. Mangthu, aged 51 years, Lab Attendant.
128. Hari Krishan s/o Late Sh. Asa Ram, aged 34 years, Khalasi.
129. Bhagwati s/o Sham Lal, aged 55 years, Lab Attendant.
130. Nirmal Kumar s/o Sh. Phula Ram, aged 37 years, Lab Attendant.
131. Rajinder Parsad II s/o Sh. Nek Ram, aged 59 years, Lab Assistant.
132. Ram Chand s/o Sh. Daya Ram, aged 54 years, Lab Assistant.
133. Gian Chand I s/o Sh. Bhagat Ram, aged 55 years, Lab Attendant.
134. Sita Ram Sewni s/o Sh. Narain Dass, 59 years, Lab Assistant.
135. Japan Lal s/o Sh. Bhag Chand, aged 38 years, Labourer.
136. Narain Dutt s/o Late Sh. Mast Ram, aged 55 years, Lab Attendant.
137. Tej Pal Kashyap s/o Sh. Jagdish Chand, aged 33 years, Tech. Supervisor.
138. Tejinder Kumar s/o Sh. Hari Chand, aged 48 years, Safaiwala.
139. Sanjeev Kumar s/o Sh. Gopi Ram, aged 31 years, Khalasi.
140. Mango Ram s/o Sh. Prabhoo Lal, aged 54 years, Lab Attendant.
141. Deepak Kalyan s/o Sh. Charan Dass, aged 48 years, Lab Attendant.
142. Om Dutt s/o Sh. Nek Ram, aged 45 years, Khalasi.
143. Sanjay Kumar s/o Sh. Dharam Singh, aged 38 years, Khalasi.
144. Ramesh Chand s/o Sh. Phula Ram, aged 47 years, Lab Assistant.
145. Khiali Ram Verma s/o Sh. Roop Singh, aged 53 years, Lab Assistant.
146. Amar Pal s/o Late Sh. Rajesh, aged 40 years, Animal Attendant.
147. Shanti w/o Late Sh. Amru, aged 52 years, Animal Attendant.
148. Kamal Chand s/o Rameshwar, aged 38 years, Lab Attendant.
149. Rohtesh Kumar s/o Sh. Mahi Pal Singh, aged 51 years, Lab Attendant.
150. Surender Singh s/o Sh. Jagat Singh, aged 45 years, Lab Attendant.
151. Bir Chand s/o Sh. Sant Lal, aged 55 years, Lab Attendant.
152. Mohinder Dutt Sharma s/o Keshav Dutt Sharma, 55 years. Lab Technician.
153. Rajinder Singh s/o Late Sh. Davinder Singh, aged 52 years, Lab Assistant.
154. Mehar Singh s/o Late Sh. Chimnu Ram, aged 59 years, Tech. Supervisor.
155. Ram Dai w/o Late Sh. Deela Ram, aged 59 years, Animal Attendant.
156. Ajit Pal s/o Late Sh. Om Parkash Sharma, aged 36 years, Khalasi.
157. Piara Lal Chaudhary s/o Sh. Bachna Ram, 55 years, Lab Technician.
158. Dharam Chand s/o Sh. Roop Ram, aged 38 years, Lab Attendant.
159. Lekh Ram s/o Sh. Narain Dass, aged 55 years, Lab Assistant.
160. Munshi Ram Kashyap s/o Sh. Nand Lal, aged 55 years, Lab Assistant.
161. Laiq Ram s/o Ram Dayal, aged 43 years, Khalasi.
162. Lachman Dass s/o Durga Dass, aged 59 years, Tech Supervisor.
163. Bal Krishan s/o Sh. Hem Ram, 54 years, Lab Technician.
164. Tara Chand Dhiman s/o Ram Saran Dhiman, 51 years, Lab Technician.
165. Tara Chand I s/o Sh. Kesar Ram, 58 years, Lab Technician.
166. Kamal Chand II s/o Sh. Ramji Dass, aged 36 years, Lab Attendant.
167. Manohar Lal s/o Dandoo Ram, aged 52 years, Lab Assistant.
168. Lachman Singh s/o Gurdas, aged 32 years, Khalasi.
169. Lok Nath Sharma s/o Sh. Chatar Ram, aged 51 years, Lab Attendant.
170. Pushpinder Singh s/o Dalip Singh, aged 42 years, Animal Attendant.
171. Inderjit Sharma s/o Kishori Lal, aged 39 years, Animal Attendant.
172. Madan Gopal I s/o Roop Ram, aged 53 years, Lab Attendant.
173. Kuldip Singh s/o Bachan Singh, aged 38 years, Lab Attendant.
174. Dev Kumar II s/o Bishan Singh, aged 41 years, Lab Assistant.
175. Manohar Chand Vyas s/o Sh. J.B. Vyas, aged 49 years, Lab Attendant.
176. Brij Mohan s/o Sh. Melu Ram, aged 55 years, Tech. Supervisor.
177. Roshan Lal s/o Tulsi Ram, aged 58 years, Lab Attendant.
178. Jeet Ram I s/o Kirpa ram, aged 50 years, Animal Attendant.
179. Mohan Lal s/o Budh Ram, aged 49 years, Animal Attendant.
180. Devki Nandan s/o M.D. Attari, aged 47 years, Animal Attendant.
181. Puran Chand II s/o Karam Dass, aged 41 years, Animal Attendant.
182. Shahi Lata w/o Tilak Raj, aged 37 years, Animal Attendant.
183. Madan Lal s/o Balla Ram, aged 35 years, Lab Attendant.
184. Ashok Kumar s/o Anokhi Ram, aged 34 years, Lab Attendant.
185. Anand Kishore s/o Late Sh. Budhu Ram, aged 51 years, Lab Attendant.
186. Dharam Dutt II s/o Narain Dutt, aged 42 years, Animal Attendant.
187. Satya Parkash s/o Rama Nand, aged 48 years, Khalasi.
188. Dharam Chand s/o Faqir Chand, aged 49 years, Animal Attendant.
189. Roshan Lal III s/o Jiwan Ram, aged 45 years, Animal Attendant.
190. Neeraj Kumar s/o Acharu Ram, aged 42 years, Animal Attendant.
191. Kishore s/o Late Sh. Pyare Lal, aged 43 years, Safaiwala.
192. Devi Dutt s/o Krishan Lal, aged 36 years, Animal Attendant.
193. Ganesh Dutt s/o Bhagat Ram, aged 43 years, Khalasi.
194. Ram Nath s/o Shyam Lal, Laboratory Attendant.
195. Prem Singh s/o Late Sh. Hari Singh, Laboratory Attendant.
196. Pardeep Kumar Bhardwaj s/o Late Sh. Sant Ram, Lab. Attendant.
197. Hem Chand s/o Late Sh. Nand Lal
198. Karam Chand III s/o Late Sh. Bhajan Dass, Animal Attendant.
199. Durga Dutt s/o Late Sh. Shadi Ram, Animal Attendant.
200. Joginder Singh s/o Ami Chand, Animal Attendant.
201. Bir Singh s/o Jethu Ram, Animal Attendant.
202. Pawan Kumar s/o Phula Ram, Animal Attendant.
203. Pitambar Dass s/o Shadi Ram,
204. Hari Ram III s/o Sh. Sudama Ram.
205. Durgi Devi w/o Rup Ram.
206. Nanak Chand s/o Shankar Dass.
207. Vijay Kumar s/o Late Sh. O.P. Sharma.
208. Parkash Chand s/o Paritu Ram, Lab. Attdt.
209. Raj Parkash Attari s/o Khusal Chand.
210. Karan Dass s/o Zandu Ram, Animal Attendant.
211. Mewa Dutt s/o Kali Chand, Lab Attendant.
212. Vinod Kumar I s/o Duni Chand, Lab Attendant.
213. Dharam Dutt I s/o Late Sh. Ram Krishan, Lab Attendant.
214. Sunita Devi w/o Late Sh. Sohan Lal, Animal Attendant.
215. Pandhi Ram s/o Nathu Ram, Animal attendant.
216. Narain Dass s/o Late Joga Ram, aged 57 years, Lab Attendant.
217. Suresh Kumar I s/o Chotey Lal, aged 42 years, Animal Attendant.
218. Babu Ram s/o Kali Ram, Aged 46 years, Animal Attendant.
219. Hari Om s/o Bachan Lal, aged 43 years, Animal Attendant.
220. Ashok Kumar s/o Kanahya Lal, aged 44 years, Labourer.
221. Ramesh Kumar s/o Sukhi Ram, aged 48 years, Animal Attendant.
222. Prem Chand s/o Karan Dass, aged 42 years, Animal Attendant.
223. Roshan Lal II s/o Bagiru Ram, aged 52 years, Animal Attendant.
224. Sanjay Kumar s/o Babu Lal. Aged 45 years, Animal Attendant.
225. Bhagat Ram II s/o Lekh Ram, aged 48 years, Lab Assistant.
226. Sheela Devi w/o Late Sh. Krishan aged 40 years, Khalasi.
227. Nirmala Thapa w/o Sanjay Thapa, aged 46 years, Lab Attendant.
228. Baldev s/o Chet Ram, aged 44 years, Lab Attendant.
229. Jarnail Singh s/o Pritam Singh, aged 46 years,
230. Paramjit Singh s/o Lakhami Singh, aged 53 years, Animal Attendant.
231. Charanjit Yadav s/o Ram Karan, aged 39 years, Animal Attendant.
232. Vinod Kumar Gupta s/o Shyam Gopal, aged 52 years, Lab Assistant.
233. Bhajan Singh s/o Sonkhu Ram, aged 38 years, Lab Attendant.
234. Balbir s/o Mangtoo, aged 52 years, Lab Attendant.
235. Jawala Singh s/o Shiv Ram, aged 39 years, Lab Attendant.
236. Ajay Kumar s/o Sh. Amual aged 48 years, Safaiwala.
237. Anant Ram s/o Rakbal, aged 52 years, Animal Attendant.
238. Sukhmal Jain s/o Late Sh, Balwant, aged 54 years, Lab Technician.
239. Om Parkash II s/o Ishwar Ram, aged 59 years, Lab Attendant.
240. Ashwani Kumar s/o Ganesh Dutt, aged 48 years, Lab Attendant.
241. Joginder Paul Sharma s/o Sansar Chand, aged 55 years, Lab Assistant.
242. Suresh Kumar III s/o Bachan Lal, aged 40 years, Animal Attendant.
243. Suraj Parkash s/o Samoul, aged 59 years, Lab Attendant.
244. Ashok Kumar III s/o Gopi Ram, aged 45 years, Safaiwala.
245. Sandeep Kumar s/o Amar Singh, aged 33 years, Tech. Supervisor.
246. Balak Nath s/o Mangtoo Rama, aged 44 years, Safaiwala.
247. Rajan Sood s/o Manphool, aged 46 years, Safaiwala.
248. Devi Dass s/o Mattu Ram, aged 53 years, Animal Attendant.
249. Parvinder Singh s/o Prem Lal, aged 29 years, Animal Attendant.
250. Gulab Rumani s/o Gulam Shabir, aged 56 years, Farrier.
251. Kamlesh Kumar s/o Dev Dutt, aged 52 years, Lab Assistant.
252. Kamlesh Kumar s/o Gobind Ram, aged 56 years, Lab Attendant.
253. Savita w/o late Sh. Madan Lal, aged 40 years, Safaiwali.
254. Devi Chand s/o Pishori Lal, aged 46 years, Safaiwala.
255. Vivek Bansal s/o Dev Raj Bansal, 39 years, Tech. Supervisor.
256. Shayam Lal s/o Atma Ram, aged 42 years, Animal Attendant.
257. Rahul Attari s/o Uttam Chand, aged 27 years, Animal Attendant.
258. Ashok Kumar s/o Suram Chand, aged 32 years, Animal Attendant.
259. Parvinder s/o Prem Singh, aged 24 years, Animal Attendant.
260. Parkash s/o Mukhtayara Ram, aged 57 years, Lab Attendant.
261. Deepak Kumar s/o Longoo Ram, aged 30 years, Animal Attendant.
262. Jagdish s/o Sant Ram, aged 56 years, Safaiwala.
263. Smt. Monika w/o Arvind Kumar, aged 46 years, Safaiwala.
264. Satish Kumar s/o Changree Lal, aged 46 years, Safaiwala.
265. Prem Chand I s/o Late Sh. Sukh Ram, aged 56 years, Lab Technician.
266. Raj Kumar I s/o Late Sh. Sham Lal, aged 56 years, Lab Assistant.
267. Mohan Singh III s/o Gurdas, aged 42 years, Lab Attendant.
268. Ajay Kumar s/o late Sh. Sukh Ram, aged 41 years, Lab Attendant.
269. Hari Gopal s/o Anant Ram, aged 42 years, Lab Attendant.
270. Mita Devi w/o Khichu Ram, aged 48 years, Animal Attendant.
271. Kamla Devi w/o Late Sh. Muni Ram, aged 48 years, Animal Attendant.
272. There is no name.
273. Anil Kumar s/o Sukhi Chand, aged 50 years, Lab Assistant.
274. Jagat Ram s/o Punnu Ram, aged 59 years, Lab Technician.
275. Gian Chand Kasav s/o Sant Ram, aged 55 years, Lab Technician.
276. Narinder Singh s/o Gurbachan Singh, aged 42 years, Khalasi.
277. Shiv Narain s/o Radha Krishan, aged 38 years, Lab Attendant.
278. Yoginder Singh s/o Roshan Lal, aged 31 years, Khalasi.
279. Chander Kant s/o Virinder Kumar, aged 38 years, Lab Attendant.
280. Khushnial Kaushal s/o Ganesh Dutt, aged 58 years, Lab Technician.
281. Subhash Chand s/o Datta Ram, aged 56 years, Lab Technician.
282. Bhagwan Dass s/o Badhaoo Ram, aged 45 years, Khalasi.
283. Subhashna Devi w/o Late Sh, Amar Chand, aged 58 years, Animal Attendant.
284. Hari Parkash s/o Muni Lal, aged 52 years, Head Safaiwala.
285. Vinod Kumar III s/o Kirpa Ram, aged 39 years, Safaiwala.
286. Jagdish Chand II s/o Late Sh. Kanahya Lal, aged 42 years, Khalasi.
287. Dhani Ram s/o Atma Ram, aged 53 years, Tech. Supervisor.
288. Raj Krishan s/o Ganesh Dutt, aged 40 years, Animal Attendant.
289. Tirath Ram s/o Shankar Dass, aged 46 years, Animal Attendant.
290. Prithvi Chand s/o Mast Ram, aged 50 years, Animal Attendant.
291. Hari Krishan s/o Late Sh. Khiali Ram, aged 46 years, Khalasi.
292. Amar Singh I s/o Late Sh. Dharam Singh, aged 56 years, Lab Attendant.
293. Suresh Kumar s/o Ram Sarup, age 31 years, Tech Supervisor.
294. Uma Dutt Sharma s/o Dhani Ram Sharma, aged 59 years, Lab Asstt.
295. Surinder Singh s/o Late Sh. Devender Singh, aged 49 years, Khalasi.
296. Kanta Devi w/o Late Sh. Hari Ram, aged 59 years, Lab Attendant.
297. Devi Ram II s/o Babu Ram, aged 40 years, Lab Attendant.
298. Satnam Singh s/o Udham Singh, aged 50 years, Tech. Supervisor.
299. Sameera Rawat s/o Late Maj B.S.Pardhan, aged 37 years, Tech. Supervisor.
300. Daya Ram I s/o Surat Ram, aged 58 years, Lab Attendant.
301. Raj Kumar II s/o Late Sh. Amar Nath, aged 56 years, Safaiwala.
302. Hari Gopal II s/o Joginder Singh, aged 52 years, Safaiwala.
303. Ramesh Kumar I s/o Som Nath, aged 47 years, Lab Attendant.
304. Randhir s/o Pritam Singh, aged 31 years, Lab Attendant.
305. Deepak Kumar I s/o Prem Singh, aged 51 years, Lab Attendant.
306. Seema Sood w/o Lalit Sood, aged 32 years, Tech. Supervisor.
307. Raj Pal II s/o Late Sh. Durga Dass, aged 54 years, Lab Attendant.
308. Tara Dutt II, Madan Gopal, aged 55, Lab Attendant.
309. Surander Singh I s/o Late Sh. Rashi, aged 48 years, Safaiwala.
310. Ranjeet Sharma s/o Dev Raj, aged 40 years, Lab Attendant.
311. Ramesh Kumar s/o Ram Krishan, aged 50 years, Lab Attendant.
312. Hem Shankar s/o Jagat Ram, aged 48 years, Lab Attendant.
313. Mani Kant s/o Vijay Bhanu, aged 52 years, Lab attendant.
314. Prem Kumar s/o Chajju Ram aged 47 years, Lab Attendant.
315. Sudesh Kumar s/o Ram Kishan, aged 42 years, Animal Attendant.
316. Tulsi Ram s/o Ram Narain, aged 57 years, Animal Attendant.
317. Rakesh Kumar s/o Late Sh.Handu Ram, aged 50 years, Safaiwala.
318. Gian Chand s/o Durga Dass, aged 56 years, Animal Attendant.
319. Narinder Sharma s/o Ishwar Dutt, aged 43 years, Animal Attendant.
320. Naresh Kumar s/o Ch. Charan Dass, aged 31 years, Animal Attendant.
321. Anil s/o Late Sh. Jeet Singh, aged 31 years, Animal Attendant.
322. Devi Dass s/o Nathu Ram, aged 53 years, Animal Attendant.
All are working in the Central Research Institute, Kasauli, Himachal Pradesh.
APPLICANTS.
Versus
1. Union of India through the Secretary to Government of India, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi.
2. Director General of Health Services, Ministry of Health & Family Welfares, Nirman Bhawan, New Delhi.
3. Director, Central Research Institute, Kasauli.
Respondents Present : Mr. V.K.Sharma, Advocate counsel for the applicants.
Mr. Deepak Agnihotri, Advocate, counsel for the respondents.
Order BY HONBLE MR. JUSTICE S.D. ANAND, MEMBER(J)
1. The following facts are apparent from a conjunctive perusal of the pleadings raised by the parties, and were also beyond the pale of controversy during the course of hearing.
2. Patient care allowance came to be granted by the competent authority to Group C & D (Non-Ministerial) employees, whose regular duties involve continuous and routine contact with patients infected with communicable diseases or those who have to routinely handle, as their primary duty, infected materials, instruments and equipments, which can spread infection. The instructions made it clear that the Hospital Patient Care allowance shall not be allowed to any of those categories of employees, whose contact with patients or exposure to infected materials is of an occasional nature.
2. The applicants herein, who are on the establishment of CRI, Kasuali as Group C & D employees filed OA Nos. 12/HP/07, 51/HP/07, 792/07 and 793/HP/07. They raised a claim for entitlement to the grant of Hospital Patient Care allowance on an averment that their placement as Lab Attendant, Lab Technicians, Khalasi, Technical Supervisor, Safaiwala Animal Attendant, Carpenter, Driver, Stocker, Boiler Attendant, AWC Welder, Packer, Sr. Care Taker, Labourer etc. authorized their claim therefor. Those four OAs came to be disposed of by a learned Co-ordinate Bench of this Tribunal, vide order dated 25.11.2008(Annexure A-13), with a direction that the applicants herein would file a representation within a fortnight from the date of receipt of a copy of that order and, on filing thereof the competent authority would consider the matter and take a view after taking the policy into consideration and by granting a detailed reasoned order.
3. In compliance therewith, the competent authority i.e. the Govt. of India, Ministry of Health and Family Welfare, recorded a view (Annexure A-14) that patient care allowance cannot be granted to the employees of CRI, Kasuali
4. It was thereafter that the applicants therein filed CP NO. 118/2009 which came to be disposed of by that very learned Bench with an order dated 10.02.2010(Annexure A-15),which is extracted hereunder:-
After perusal of the order passed by this Court on 25.11.2008 and the speaking order 22.10.2009 passed by Respondent No.1 in compliance thereto, we are of the view that this order ha snot been passed as per the directions of this Court. It is the case of the respondents themselves that various categories have been included in the list of entitled categories for patient care allowance. A copy of this list has been placed on record at page 48 of the paper book. Therefore, denying this claim to the applicants, who come within the categories of this list, on the ground that the patient care allowance has not been implemented after the recommendations of the 6th CPC whereby provisions for payment of Risk Allowance has been made, is a clear case of non compliance of the orders passed by this Court and is in violation of their own notifications and instructions issued in this regard.
Therefore, Respondents No.1 & 2 are hereby directed to pass appropriate order for grant of patient care allowance to the applicants while complying with the directions of this Court in its letter and spirit. Needful be done within a period of one month from the date of receipt of copy of this order failing which this Court will issue notice in CP to the concerned respondents for not complying with the orders of this Court. Be listed on 22.03.2010.
A copy of this order be given Dasti to the learned counsel for the respondents. In pursuance thereof, order dated 20.04.2010(Annexure A-16) came to be granted by the competent authority whereby the claim raised by the applicants was negatived.
5. It was further thereafter that CP 118/09 came to be filed by the applicants therein. That CP came to be disposed of by that learned Bench, vide order dated 21.04.2010(A-17) which is extracted hereunder:-
After hearing learned counsel for the parties at length and perusal of the compliance report filed by the Dy. Director, we are of the view that the order C-1 placed on record is not passed in terms of letter and spirit of the order passed by this Court in O.A. as well as in subsequent order dated 20.04.2010. Otherwise also this compliance affidavit should have been filed by the Respondent No.1 only and not by the Dy. Director. It also appears that the Respondent No.1 and other concerned authorities have misconstrued the provisions of the instructions dated 04.02.2001 letter No.28015/24/2001-Honble, issued by Ministry of Health discussed by this Court in its orders and again quoted herein below:-
The persons Group C & D (Non-Ministerial) employees whose regular duties involve countries routine contact with patient affected with communicable diseases or are handling infected materials, instruments and equipments which can spread infection as their primary duty, working in health care delivery institutions other than hospital (3 beds for General Hospital, 10 beds for super Specialty Hospital) may be considered for grant of Patient Care Allowance, PCA shall not be allowed to any Group C & D (Non-Ministerial) employees whose contact with patients or exposure to infected material is of occasional nature. The Dy. Director of the Institute has categorically classified the categories vide letter dated 26.06.2009, who are directly exposed to all sorts of Infectious material, Infected equipments and Instruments, Infected laboratory animals and large animals, Infected effluents and are in contacts with human patients for the collection of various infected pathological specimen etc. This staff according to him come in direct contact with most pathogenic Bacterial, viruses, fungi, toxins and snake venoms while discharging their duties.
There can not be two opinions that the Central Research Institute Kasuali (H.P) is a health care delivery Institute and in our considered opinion, the concerned authority i.e. Dy. Director who has written aforesaid letter to the Director General of Health Services is the best person to know as to whether employees of this institute comes with the purview of these instructions for grant of Patient Care Allowance (P.C.A.).
There is no denial of the fact that after introduction of Scheme of Risk Allowance Payment, this P.C.A. can not be paid from the date of enforcement of this new Scheme. However, for the period prior to this Scheme, applicants case is required to be reconsidered by the Respondent No.1 for payment of P.C.A. as per their classification given by the Dy. Director of the Institute.
Therefore, we are not satisfied with the orders passed by Respondent No.1 C-1 and give further directions to consider the case of the applicants in the light of our observations as above and also given in the orders passed in the O.A. Needful be done within a period of two months from the date of receipt of a copy of this order.
Be listed on 26.05.2010. Copy Dasti.
6. In pursuance thereof, order dated 12.05.2010 (Annexure A-19) came to be granted. That order, too, was not musical to the ears of the applicants therein who were impelled to file CP No. 117/2009. The learned DB, in the course of hearing, noticed that the Director, CRI Kasuali had taken up a contradictory stance in the course of two documentations. He was directed to appear in person. However, the learned Co-ordinate Bench disposed of the CP, with observations that the relief not granted to the applicants in the OA cannot be granted in contempt jurisdiction.
7. The applicants have applied for the invalidation of the view obtained by the competent authority, vide order dated 21.05.2012(Annexure A-1).
8. The respondents controverted the claim raised by the applicants herein by averring that the CRI, Kasuali being only a Research Institute wherein the employees are not involved in any patient care and do not come in contact with the patients, the benefit of the hospital patient care allowance cannot be extended to them. Qua an averment that the applicants do come in contact with the material handled during their research exercise, it was averred that the possibility of contact with seed strains and challenge strains, during the production of the vaccine and sera and Quality Control testing as well as contact with samples materials received from the field under surveillance programme are minimized by observing universal precautions of prevention and specific protection by vaccination of the individual employees with specific vaccine and observing safe laboratory practices.
9. We have heard learned counsel for the parties and carefully gone through the documentation made available on the record by the parties in support of the respective stances. We are of the considered view that the claim raised by the applicants herein deserves allowance. The reasons therefor are as under.
10. It requires pertinent notice, at the very outset of the discussion, that the learned Co-ordinate Bench (in the course of its order dated 21.04.2010) had recorded a categorical finding that CRI Kasauli, is a health care delivery Institute. In recording that view, it also relied upon the contents of letter dated 26.06.2009 which the then Director had addressed to the Director General of Health Services. The view recorded by the learned Bench stands extracted in para 5 of the order. The learned Bench had, in obtaining that view, appropriately drawing sustenance from the view indicated by the Director of that Institute who had found that view after granting an opportunity of a hearing to the employees affected thereby. The learned Bench extensively quoted what exactly weighed with the Director in classifying the categories of employees who were entitled to the grant of Patience Care Allowance.
11. Being a Co-ordinate Bench of equi- jurisdiction, we are bound by the view obtained by that Bench. If the respondents had any reservations about the correctness of the view, it was for them to have recourse to the remedy available to them on judicial side i.e. by filing a judicial review challenge against that order. It is not even the averment on behalf of the respondents that any judicial review challenge came to be filed against the observations aforementioned. The refrain, on the part of the Bench in granting actual relief to the applicants, does not affect the ground reality that the observations recorded by it have attained finality for want of a challenge on the judicial side.
12. As correctly observed by the learned Co-ordinate Bench the Director of the CRI, Kasauli would be the best person to opine about whether the employees on the establishment of that Institute are within the purview of the instructions for the grant of patient care allowance or not. In the course of communication dated 26.06.2009, addressed to the Director General of Health Services, the then Director, CRI, Kasauli, had categorically recorded that the categories indicated at Sr. No. 1 to 10 (Technical Supervisor, Laboratory Technician, Laboratory Assistant, Laboratory Attendant, Farrier, Khalasi, Labourer, Animal Attendant, Head Safaiwala, Safaiwala) are directly exposed to all sorts of infectious material, infected equipments and instruments, infected laboratory animals and large animals, infected effluents, and are in contacts with human patients for the collection of various infected pathological specimen etc. and further that this staff come in direct contact with most pathogenic bacteria, viruses, fungi, toxins and snake venoms while discharging their duties
13. Qua the categories indicated at Sr. No. 11 to 21 (Technical Supervisor(Elect), Technician (workshop), Mechanician, Cage Mistry-cum-Boiler Attedant, Boiler Attendant, Armateur Winder-cum-Welder, Fitter, Tin smith, Stocker, Head Carpenter and Carpenter), the Director informed that they are indirectly in contact with infected instruments, machineries, equipments which ae being used in the various production laboratories dispensary of the Institute for their repair and maintenance etc.
14. Qua the categories at Sr. No. 22 to 40 (Junior hindi Translator, Statistical Assistant, Care Taker, Librarian, Receptionist, Telephone Operator, Labelling Supervisor, Packing Supervisor, Driver/Staff Car Driver, Library Attendant, Guest House Attendant, Head Packer, Packer, Labeller, Jamadar Peon, Daftri, Peon, Head Chowkidar and Chowkidar), the Director recorded that they occasionally come in contact with various virus/bacteria while working or delivering/issuing materials, carcinogenic chemical, official documents, carry over the infected samples to concerned laboratories. The same observations were made by the Director qua the limited ministerial staff (office Supdt., Head Clerk, Stenographer, U.D. Clerks and L.D. Clerks) by recording that they are also occasionally involved in delivering / issuing materials, dealing with official documents pertaining to production laboratories, receipt of samples etc.
15. That the higher authorities/addressed quarters did not find the view recorded by the Director, CRI, Kasauli acceptable is evident from the impugned order which also indicates that the rejection proceeds on an all together different facet, and it is pertinent to notice that the Director General, Health Services did not record adequate reasoning to differ with the view recorded by the Director, CRI, Kasauli in the course of the communication aforementioned.
16. In this context, we may also like to refer the communication dated 02.01.1999(Annexure A-5) which had been addressed by the Govt. of India to the Director General, Health Services. The communication conveyed to the addressed quarters the sanction accorded by the President of India to the extension of patient care allowance to Group C and D (Non-ministerial) employees working in NMEP, NICD, RAK College of Nursing, LRHS, RHTC-Najafgarh, Port/Airport Health Organisation @ Rs.690/- per month with effect from 29th December, 1998. A list of employees eligible therefor was enclosed therewith. The list included Research Assistants, Technician/Sr. Technician, Drivers, Field Worker, Cleaner, Draftsman(Tech.), Draftsman(Ord.), Telephone Operator, electrician, mechanic, Daftry, Peon, Chowkidar, Pharmacist, projectionist, Lab Assisstant, Lab Attendant, Chowkidar, Cook, Masalchi, Mali, Aya, Peon-cum-chowkidar,Mali-cum-Chowkidar, Social Worker posted in the aforementioned organization. There can be no dispute with the factual position that the above indicated categories were not those whose regular duties involve continuous and routine contact with patients infected with communicable diseases of equipment, which can spread infection. The applicants on the establishment of CRI, Kasauli were in a much riskier placement in the context. The respondents cannot wriggle out of the indefensible stance by averring, in the course of the counter, that the possibility of contact with seed strains and challenge strains, during the production of the vaccine and sera and Quality Control testing as well as contact with samples materials received from the field under surveillance programme are minimized by observing universal precautions of prevention and specific protection by vaccination of the individual employees with specific vaccine and observing safe laboratory practices.
17. We would normally leave it to the competent authority to decide the grant or otherwise of a particular allowance to an indicated category of employees. We would do so in recognition of the established prudence that they would be the best circumstanced to notice the exact nature of duties to be performed by the employees who are held entitled to a particular type of allowance. The present is, however, a very unenviable scenario, wherein the Director, CRI recorded a categorical finding favourable for the grant of patient care allowance to the indicated categories of employees of CRI, Kasauli and further it was none less or other than the Govt. of India itself which granted the patient care allowance to certain categories of employees of the Organizations indicated in Annexure A-5 who were least likely to come in contact with the patients infected with communicable diseases of equipment which can spread infection.
18. A conjunctive perusal of Annexure A-5 and the communication dated 26.6.2009 addressed by the Director CRI Kasauli to the D.G Health Services (appearing at page 140-141 of the OA, appreciated in the light of the fact that the observations recorded by a learned Coordinate Bench of this Tribunal in the course of order dated 21/4/2010 (Annexure A-17) have attained finality for want of a challenge in judicial review jurisdiction, would leave no manner of doubt that the impugned order deserves to be invalidated and we so hold accordingly.
19. In the light of the aforementioned discussion, we are of the considered view that the denial of the patient care allowance to the applicants and likes of them is indefensible. They are held entitled to patient care allowance for the duration it was in vogue.
20. There shall be no order as to costs of the cause in the facts and circumstances of the case.
(JUSTICE S.D. ANAND) MEMBER (J) (RANBIR SINGH) MEMBER (A) PLACE: Chandigarh Dated: 17.08.2012 mw
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