Recurring Hospital Patient Care Allowance claims warrant condonation of delay in filing the application.

The applicant, Pushpa Arya, was working as a Female Attendant at the Family Welfare Centre (CL-II), Military Hospital, Ranikhet.

She sought grant and release of Hospital Patient Care Allowance (HPCA) for the period from 1 August 1997 to 31 August 2022, and thereafter from 1 September 2022 onwards, along with consequential arrears and continuation of the allowance subject to eligibility.

The Original Application was filed with a delay of 299 days. The respondents objected that the delay had not been satisfactorily explained.

Whether the delay of 299 days in filing the Original Application should be condoned where the claim concerns a recurring entitlement to HPCA?

Whether the Tribunal should directly grant the claimed HPCA and arrears, or direct the respondents to consider the claim and pass a reasoned and speaking order?

The Tribunal applied the principle that a claim involving a recurring cause of action may justify condonation of delay, particularly where the entitlement is alleged to accrue periodically over time.

It further applied the administrative-law requirement that a competent authority must consider an employee’s claim and issue a reasoned and speaking order, especially where the Tribunal has not undertaken a final adjudication of the substantive entitlement.

The Tribunal treated the HPCA claim as giving rise to a recurring cause of action and, on that basis, condoned the 299-day delay despite the respondents’ objection.

On the substantive relief, the Tribunal noted that the applicant herself sought a direction for consideration of her claim and issuance of a speaking order. Rather than determine the applicant’s entitlement to HPCA at that stage, it directed the respondents to examine the claim in accordance with the applicable rules and Government policy and to provide a reasoned decision within the prescribed time.

The Original Application was disposed of with a direction to the respondents to consider the applicant’s claim for HPCA and pass a reasoned and speaking order within 30 days from receipt of a copy of the Tribunal’s order.

If the applicant was found entitled to the benefit, the consequential benefits were to be extended within a further period of 30 days.

Pending miscellaneous applications, if any, were also disposed of, with no order as to costs.