The Supreme Court recently issued notice in an Article 32 writ petition preferred by the AIIMS Divyang Federation espousing the cause of persons with disability, working in different hospitals/healthcare established recognised and funded by the Central Government, whose Patient Care Allowance(PCA) has been stopped by the Ministry of Health and Family Welfare.

As per the writ petition, the PCA has been stopped by respective hospitals in compliance with the Ministry of Health and Family Welfare's notification dated May 7, read with another notification dated April 21, 2023. It is submitted that this is in violation of Articles 14 and 21 of the Constitution read with concerned provisions of the Rights Of Persons With Disability Act, 2016 and National Trust Act, 1999.

It is stated that the PCA also known as Hospital Patient Care Allowance(HPCA) is a critical security allowance, provided by the Central Government to the non-ministerial employees and ministerial employees who are working as a Group C and D of any Central Government hospital/healthcare establishment with those with 30 or more beds in general hospital and more than 10 beds in super speciality hospitals.

They would not be receiving Night Weightage Allowance and Risk Allowance, to mitigate the risk and hardship due to exposure to communicable disease, risk from biohazardous materials and hospital waste, exposure to hospital acquired infections, and direct patient interaction.

A bench comprising Justice Vikram Nath and Justice Sandeep Mehta issued notice on November 14, returnable four weeks.

Case Details: AIIMS DIVYANG FEDERATION v. THE UNION OF INDIA & ORS.|Writ Petition(s)(Civil) No(s). 1051/2025

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Appearances:  For Petitioner(s) :Mr. Devendra N. Goburdhun, Sr. Adv. (NP) Mr. Saurabh Singh Chauhan, Adv. Ms. Priyamvada Singh, Adv. Mr. Rajeev Kumar Dubey, AOR