Pushpa Arya vs M/O DEFENCE
- Court
- Central Administrative Tribunal
1
ainital Bench
Item no.5 (C-4) Na
Diary No.7793/20
026
026
MA No.3250/20
C
CENTRAL ADMINISTRAT
TIVE TRIBUNAL
PRINCIPAL BENCH: N
NEW DELHI
Diary NO.7793/2
026
MA NO.3250/20
26
th
nital, this the 20 day of A
Nai
August, 2026.
HON’BLE M
HON’BLE D
Pushpa Ary
aged about
W/o Manoj
R/o Vill-Bilo
Uttrakhand
Presently w
Attendant a
Welfare Cen
Military Hos
Ranikhet.
MR. MANISH GARG, MEM
DR. ANAND S KHATI, ME
MBER (J)
EMBER (A)
ya (Female),
t 53 years
Kumar,
ow, District-Almora,
working as Female
at Family
nter (CL-II)
spital,
…Applicant
(By advoca
te: Mr. Vishal Verma)
Versus
of India
gh the Secretary,
ry of Defence,
1. Union
Throug
Ministr
South
New D
2. Headq
Throug
Bareill
Block,
Delhi-110011.
quarters Uttar Bharat Area
a,
gh Major General Medical,
,
y,
JUGAL KISHORE
JUGAL KISHORE
2026.09.03 17:01:39+05'30'
2
ainital Bench
Item no.5 (C-4) Na
Diary No.7793/20
026
026
MA No.3250/20
Uttar P
3. Directo
Adjuta
Integr
Defenc
Defenc
Compl
KG Ma
New D
4. Gener
Headq
Luckno
Uttar P
5. Senior
Militar
Ranik
Distric
Uttara
6. Officer
Centre
C/o Mi
Ranikh
Uttara
Pradesh.
or General Medical Service
ant General’s Branch,
rated Headquarters of Min
es (Army),
istry of
ce (Army),
ce Office
lex, ‘A’ Block,
arg,
Delhi-110001.
al Officer Commanding-in
quarters Central Command
-Chief,
d,
ow,
Pradesh.
r Executive Medical Officer
ry Hospital,
khet,
r (SEMO),
ct Almora
akhand.
r In-charge, Family Welfar
e (CL-II),
re
ilitary Hospital,
het, District Almora,
akhand.
…Respondents
(By advoca
te: Mr. T.C. Aggarwal)
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JUGAL KISHORE
2026.09.03 17:01:39+05'30'
3
ainital Bench
Item no.5 (C-4) Na
Diary No.7793/20
026
026
MA No.3250/20
ORDER (ORAL)
)
HON’BLE M
1. MA NO
MR. MANISH GARG, MEM
MBER (J):
O.3250/2026
1.1 Couns
sel for the applicant sub
mits that there is a
delay of 2
299 days in filing the
Original Application.
Counsel fo
or the respondents ra
aises a preliminary
objection, c
contending that the reaso
ns for the delay have
not been sa
atisfactorily explained. Ho
wever, he seeks time
to file an ap
ppropriate response.
1.2 Consid
dering that the prayer in
n the present matter
pertains to
Hospital Patient Care Allo
owance (HPCA), which
gives rise
to a recurring cause o
of action, the delay
deserves to
o be condoned. Accordingl
y, MA No. 3250/2026
for condona
ation of delay is allowed.
2. OA vid
de Diary No.7793/2026
6
2.1 In the
e instant OA vide Diary
No. 7793/2026, the
applicant se
eeks the following reliefs:
“I. D
P
p
th
b
II. T
P
Direct the respondents to gra
Patient Care Allowance (HPCA)
period from 01.08.1997 to 31
ant and release Hospital
) to the applicant for the
1.08.2022, together with
he entire arrears and all
benefits.
consequential monetary
To direct the respondents to gr
Patient Care Allowance (HPCA)
rant and release Hospital
) to the applicant for the
JUGAL KISHORE
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2026.09.03 17:01:39+05'30'
4
ainital Bench
Item no.5 (C-4) Na
Diary No.7793/20
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MA No.3250/20
p
c
s
a
re
III. T
s
fr
IV. T
T
c
V. C
2.2 Taking
period w.e.f. 01.09.2022 till
date, together with all
continue payment of the
onsequential arrears, and to
aid allowance to the applican
t in accordance with the
ent policy, so long as she
pplicable rules and Governme
emains eligible.
To direct the respondents to
o pass a reasoned and
ant’s claim within a time
peaking order on the applica
rame fixed by this Hon’ble Trib
bunal.
To pass any other order or dir
Tribunal may deem fit and p
ection which this Hon’ble
proper in the facts and
ircumstances of the case.
Cost of the Application.”
g note of the reliefs soug
ght by the applicant,
one of the
prayers is for a direction t
to the respondents to
pass a reas
soned and speaking order
within a time frame.
2.3 Accord
dingly, the present OA is
s disposed of with a
direction to
o the respondents to cons
sider the claim of the
applicant a
nd pass a reasoned and s
speaking order within
a period of
30 days from the date of
f receipt of a certified
copy of this
s order.
2.4 Needle
ess to mention, in case t
he applicant is found
entitled to
the benefit claimed, all c
consequential benefits
shall be ex
xtended to her within a
a period of 30 days
thereafter.
JUGAL KISHORE
JUGAL KISHORE
2026.09.03 17:01:39+05'30'
5
ainital Bench
Item no.5 (C-4) Na
Diary No.7793/20
026
026
MA No.3250/20
2.5 Pendin
ng MAs, if any, shall als
o stand disposed of.
There shall
be no order as to costs.
(Dr. Anand
Member
/jk/
d S Khati)
(A)
(Manish Garg)
Member (J)
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2026.09.03 17:01:39+05'30'