Existing court directions require GNCTD to provide mandated medical facilities despite pending regularisation proceedings.

The writ petition concerned the employment-related rights and facilities of the respondents-workmen, including respondent no. 9, Mr. Gopal Krishna Kumar.

The Department of Health and Family Welfare, GNCTD, had issued an order dated 19 November 2012 and a circular dated 19 March 2021 providing, inter alia, medical facilities and Health Card facilities to the concerned respondents.

By order dated 27 February 2026, the Court had directed the petitioners to adhere to those instruments for purposes including payment/emoluments to the respondent-workmen.

Respondent no. 9 subsequently initiated contempt proceedings, in which the Court directed that he be afforded the prescribed medical facilities, including a Health Card facility, under the circular dated 19 March 2021.

He then sought urgent directions in the present application, stating that he had approximately 95% arterial blockage and required immediate heart surgery.

The broader issue concerning regularisation of the respondents remained pending before the Presiding Officer, Industrial Tribunal-II, in ID No. 05/2023.

Whether respondent no. 9 was entitled to medical facilities, including a Health Card facility, under the Department of Health and Family Welfare’s order dated 19 November 2012 and circular dated 19 March 2021, notwithstanding the pendency of the regularisation dispute before the Industrial Tribunal.

Whether, in view of respondent no. 9’s stated medical urgency, the GNCTD should be directed to provide the requisite treatment and heart-surgery-related facilities.

The Court applied the binding effect of its earlier orders dated 27 February 2026 and 28 April 2026, which required the petitioners to comply with the Department of Health and Family Welfare’s order dated 19 November 2012 and circular dated 19 March 2021, including extending medical facilities and Health Card facilities to the respondents.

The Court treated the existing judicial directions to provide such facilities as operative notwithstanding the pendency of the wider regularisation dispute before the Industrial Tribunal.

It also exercised its interim and supervisory jurisdiction in the peculiar facts of the case, particularly the asserted medical emergency, while clarifying that the order would not determine the pending final dispute.

The Court found that its earlier orders had already conclusively required the GNCTD to extend the relevant medical facilities to the respondent-workmen, including Mr. Kumar.

The pending question of regularisation did not justify withholding those facilities because the entitlement arose from the Department’s order and circular as incorporated into the Court’s prior directions.

Given the applicant’s claim of 95% arterial blockage and the need for urgent heart surgery, the Court considered immediate implementation of the medical-facility directions necessary.

Since the GNCTD stated that the applicant had been referred to GB Pant Hospital, the Court directed him to approach that institution, where the prescribed facilities were to be provided.

The relief was granted on the peculiar facts and circumstances and without prejudicing the final adjudication of the regularisation dispute.

The GNCTD was directed to extend all requisite medical facilities to Mr. Gopal Krishna Kumar, and he was directed to approach GB Pant Hospital for his treatment and heart surgery.

CM APPL. 47630/2026 was accordingly allowed and disposed of, without deciding the pending regularisation dispute.