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(a) What is meant by Health Care Delivery Institutions Health Care Delivery Institutions/Establishments are those which provide preventive, curative and rehabilitative care services to the population.
(b) The list if institutions, where the Chowkidars are getting PCA is as under, as per MOH&FW letter dated 02.01.1999:
NMEP (now National Vector Borne Disease Control Programme (NVBDCP), Delhi.
Rural Health Training Centre (RHTC), Najafgarh, Delhi.
Raj Kumari Amrit Kaur (RAK) College of Nursing, New Delhi.

12. Let us now see how this aspect has been addressed by the respondents in the impugned order. Para 5 of the impugned order dated 25.5.2010 deals with this aspect of the matter. This para reads as follows:-

5. As regards the contention of the applicants that Chowkidars in other institutions under the first Respondent have been given the benefit of PCA, it may be stated that in the letter No.7-20015/41/98-H (III) dated 2.1.1999 (Annexure-II) issued by the Ministry of Health and Family Welfare, the PCA was extended to Group C and D (Non-Ministerial) employees working in National Malaria Eradiction Programme (NMEP), National Institute of Communicable Diseases (NICD), Rajkumari Amrit Kaur (RAK) College of Nursing, Lady Reading Health School (LRHS), Rural Health Training Centre (RHTC), Najafgarh, Post/Airport Health Organisation with effect from 29th December, 1998. In the said letter, the category of Chowkidar in NCDC was not included for PCA. The only reason ascribed by the respondents for denying the benefit of PCA to the applicants herein who have been working in NCDC is that the category of Chowkidars in NCDC was not mentioned in the list of category of posts eligible for benefit of PCA in the letter No.7-20015/41/98-H (III) dated 2.1.1999. This fact itself is not sufficient to deny the benefit to the applicants. It is relevant to note in this regard that the post of Chowkidar was also not mentioned initially in the category of persons eligible for benefit of PCA who have been working in Lady Reading Health School, Delhi. The Chowkidars working in Lady Reading Health School also filed OA 260/2008 seeking the same benefits which have been sought by the applicants herein. The said OA was disposed of, vide order dated 5.2.2008, at the admission stage itself without going into the merits of the case by directing the respondents to treat the OA itself as a representation and to decide the same by passing a reasoned and speaking order under intimation to the applicants within a period of three months from the date of receipt of a copy of that order. The applicants case in that OA was that vide letter dated 2.1.1999, the benefit of PCA has been extended to Chowkidars in other organizations, namely, NMEP in respect of which the post of Chowkidar has been mentioned at Serial No.17; RHTC, Najafgarh, in respect of which the post of Chowkidar has been mentioned at Serial No.6; and RAK College of Nursing, New Delhi in respect of which the post of Chowkidar has been mentioned at Serial No.15 but due to some typographical error or clerical mistake, Chowkidars of LRHS were not included in the said list. Immediately upon noticing this discrepancy, the matter was taken up with the concerned authority for extending the benefit of PCA to the Chowkidars which was duly supported by the Lady Reading Health School Employees Association as well as Superintendent of the Lady Reading Health School itself. In compliance with the directions of the Tribunal vide order dated 5.2.2008 in OA No.260/2008, referred to above, the respondents extended the benefit of PCA to the applicants along with other Chowkidars vide Office Order dated 6.10.2008. Copies of order dated 5.2.2008 in OA No.260/2008 and orders of compliance dated 25.9.2008 and 6.10.2008 are collectively at Annexure A/9 of pages 54-58 of the paper book of the present Application. It is relevant to note in this regard that the Tribunal directed merely consideration of the applicants representation and did not give any specific direction for grant of extension of benefit of PCA to the applicants therein. Furthermore, in both the cases, the post of chowkidar was not included in the letter dated 2.1.1999 in the categories of the posts eligible for the grant of PCA in Lady Reading Health School as well as National Centre for Disease Control. The impugned order is bad on this count for the reason that it does not indicate as to why the benefit of PCA has been extended to Chowkidars of Lady Reading Health School, Delhi while the same has been denied to the applicants herein whereas in both the cases Tribunal directed to consider for grant of benefit of PCA to all Chowkidars similarly placed for otherwise the respondents action would be discriminatory and as such untenable in law. The facts of the case are identical with the facts of the case of OA No.260/2008. The respondents in their reply have, inter alia, submitted that PCA was sanctioned to the categories of employees involved in patient care and not to Chowkidars vide Ministry of Health and Family Welfare order dated 2.1.1999, a copy of which is annexed to their counter reply as at Annexure R/1. A plain reading of the said letter reveals that there are a number of posts to whom the benefit of PCA has been extended whose job profiles primarily do not satisfy the requirement of policy guidelines of routine contact with patients infected with communicable diseases or as the case may be, handling infected materials, equipments etc. as their primary duty not being of occasional nature as is the case with the Chowkidars herein. To mention some of these posts are the Research Assistant, Statistical Assistant, Technician, Telephone Operator, Electrician, Motor Mechanic, Daftry, Peon, Field Worker, Projectionist, Mali, Cook, Domestic Staff, Gestatenor Operator-cum- Record Keeper, Library Attendant, Store Attendant, Librarian, Record Sorter, besides Chowkidars. The learned counsel for the applicants was unable to give any plausible explanation as to how the conditions based on which the Chowkidars herein are denied PCA, are found to have been satisfied in the cases of such categories of posts, as referred to above, e.g. Research/Statistical Assistant, Draughtsman, Librarian etc.
Subject: Grant of Patient Care Allowance to staff at NICD Sir, I am directed to refer to government of India/MOH&FW letter No.Z.28015/41/98-H(III) dated 2nd Jan., 99 on the above mentioned subject and to state that some of the non-ministerial categories of Gr. C & D (as mentioned in the enclosed Annexure) staff have been left out from the grant of PCA. Whereas the categories of Statistical Assistant, Draughtsman, Telephone Operator, Mechanic, Daftry, Peon and Chowkidar of NMEP, Projectionist of RKA College of Nursing and Library Attendant of LHMC have been included in the list of categories eligible for the grant of PCA the similar categories at NICD have been denied the same. Moreover none of the ministerial categories have been made eligible for the grant of PCA when all such categories in RML Hospital and CGHS dispensaries are being given PCA. Non-extension of PCA to these left out categories has caused unrest amongst the staff and a number of representations have been received in this regard. Copies of these representations are enclosed for perusal please.