Ministerial staff in hospitals are entitled to Patient Care Allowance under the Risk and Hardship Matrix.

The applicants, comprising ministerial/clerical staff at Safdarjung Hospital, challenged the Office Memoranda dated 21.04.2023 and 15.05.2023, which abruptly discontinued the payment of Hospital Patient Care Allowance (HPCA) and Patient Care Allowance (PCA)

The applicants contended that despite being ministerial staff, they are exposed to high infection risks due to their duties in OPD registration, mortuary work, and COVID-19 assignments

The respondents argued that HPCA/PCA is strictly for Group ‘C’ and ‘D’ (non-ministerial) employees in continuous patient contact, as per policies dating back to 1988 and subsequent clarifications

Conflicting decisions were noted: the Principal Bench had previously denied similar relief in O.A. 4105/2023, while the Chandigarh and Bangalore Benches had recently quashed the discontinuation orders

1. Whether the executive orders discontinuing HPCA/PCA for ministerial staff are legally sustainable in light of the 7th Central Pay Commission (CPC) recommendations and the Cabinet Resolution dated 06.07.2017

2. Whether the nature of duties performed by ministerial staff in a hospital setting qualifies them for allowances under the "Risk and Hardship Matrix"

3. Whether inter-departmental notings or Office Memoranda can override Cabinet-approved policies regarding employee allowances

The Tribunal relied on the 7th Central Pay Commission Recommendations and the subsequent Cabinet Resolution dated 06.07.2017, which introduced the Risk and Hardship Matrix (Cell R1H3) for HPCA/PCA

It applied the principle from Union of India v. Heavy Vehicles Factory Employees’ Union (2024), stating that the Executive cannot, through a mere Office Memorandum, read exclusions into a policy that the primary authority did not contemplate

It further cited Mahadeo & Ors. v. Smt. Sovan Devi to establish that inter-departmental notings do not constitute binding formal decisions

Additionally, the Tribunal referenced the Occupational Safety and Health (OSH) standards of the ILO and WHO regarding risk compensation for hazardous environments

The Tribunal observed that the High-Powered Committee of the 7th CPC had specifically analyzed the demands of the JCM (Staff Side) and concluded that ministerial staff working in hospital premises face an inherent element of risk; thus, it recommended HPCA/PCA not be discontinued

The Tribunal reasoned that infection risks are environment-based rather than post-based, as clerical staff share common spaces (elevators, utility areas) with patients and handle infected materials

It distinguished earlier negative precedents by noting that the Bangalore and Chandigarh Benches had recently quashed the same impugned OM (21.04.2023), and those decisions currently hold the field

Applying the ratio of M/s. Burn & Co. Ltd. v. Their Employees, the Tribunal held that while clerical staff may not be "manual workers," they contribute to the organization's output and face similar environmental hazards, making the unilateral withdrawal of a recognized benefit arbitrary

(ii) the issue is referred back to a High-Powered Committee (chaired by the Finance Secretary) to re-examine the implementation date and fund release, specifically considering the Risk and Hardship Matrix and international fair compensation principles

(iii) The Committee is directed to consult stakeholders and arrive at a decision within four months

No order as to costs