You are on page 1of 4

Resident Doctors Association Of ... vs All India Institute Of Medical ...

on 20 December, 2001

Delhi High Court Resident Doctors Association Of ... vs All India Institute Of Medical ... on 20 December, 2001 Equivalent citations: 2002 IVAD Delhi 57, 96 (2002) DLT 559 Author: M Sharma Bench: M Sharma JUDGMENT Mukundakam Sharma, J. 1. The members of the petitioner No. 1/Association herein are/were working as Junior and Senior Residents in the All India Institute of Medical Sciences. 2. The grievance of the petitioners is that according to the Residency Scheme issued by the Central government under its letter dated June 5, 1992, the members of the petitioner No. 1/Association are entitled to free furnished accommodation in addition to the House Rent Allowance. Accordingly the members of the petitioner No. 1/Association have sought for a relief of issuance of a direction to the respondents to grant House Rent Allowance to the members of the petitioner No. 1/Association in addition to the free furnished accommodation with a further prayer that the respondents should be directed not to deduct House Rent Allowance from the respective salaries of the members of the petitioner No. 1/Association as the said action is unlawful, illegal and arbitrary. 3. Counsel appearing for the petitioners submitted that the members of the petitioner No. 1/Association are provided only a hostel accommodation in the name of allotment of a free furnished accommodation and that also at the own interest of the Institute for proper and efficient patient care. It was submitted that the aforesaid facility consists of only one room facility in the hostel and the said allotment is not according to the entitlement of the members of the petitioner No. 1/Association which was provided at the own interest of the Institute as the members of the petitioner No. 1/Association are to be located within the vicinity of the hospital so that they can immediately attend to the patients admitted in their hospital in various wards without any loss of time which exigency makes it obligatory upon the respondents to provide hostel accommodation to all the members of the petitioner No. 1/Association irrespective of being Senior Resident or Junior Resident doctors and on that count the respondents cannot deprive the members of the petitioner No. 1/Association from getting the benefit of the House Rent Allowance which is available to them under the provisions of the Residency Scheme. Counsel appearing for the petitioners submitted that considering the aforesaid factor even the Institute has considered the feasibility of grant of the aforesaid House Rent Allowance to the members of the petitioner N. 1/Association and constituted a Committee for the purpose to go into the matter, which has given its recommendations in favor of the interest of the members of the petitioner No. 1/Association. 4. Counsel drew my attention to the various annexures annexed with the affidavit filed by the petitioner on November 27,2001. Relying on the same, it was submitted by the counsel appearing for the petitioners that the pay scales entitle the members of the petitioner No. 1/Association to Type IV accommodation which consists of three bedrooms, but that not a single members of the petitioner No. 1/Association has been allotted accommodation according to their entitlement. It was also stated that the hostel accommodation was free ever since in terms of the hostel rules framed some time in the year 1996 for which accommodation no amount was to be charged. Counsel also drew my attention to the annexures placed with the additional affidavit filed. The aforesaid documents reveal that on February 11, 2000, a meeting was held wherein the issue of accommodation and payment of House Rent Allowance was taken up, considered and discussed whereupon, it was decided that the hospital authorities should furnish the type/category of accommodation being provided to the resident doctors and further that the standard rent should be calculated in respect of the accommodation provided and House Rent Allowance minus such standard rent is to be paid to such resident. 5. It was also brought to my notice by the counsel appearing for the petitioners that a Committee was constituted by the respondent/ Institute to review the case of House Rent Allowance in respect of the members
Indian Kanoon - http://indiankanoon.org/doc/1939963/ 1

free electricity and water within reasonable limits by the Government.. Paragraph 4 provides the rate of emoluments which is to be paid to such Junior Resident and Senior Resident doctors. 2001 of the petitioner No. issued by Ministry of Health and Family Welfare to the Director of the Institute wherein it was categorically stated that Government servant in occupation of Government accommodation irrespective of the type of accommodation was not entitled to House Rent Allowance. Govt. 6.W. however. 2000. Ajay Choudhary and Ors. the members of the petitioner No. (C. of Delhi and Ors. It. and are being given the benefit of house rent allowance would also claim allowances for not being provided with free furnished hostel accommodation. Paragraph 11 Indian Kanoon . on 20 December. vs All India Institute Of Medical .. The Director of the respondent/Institute by the aforesaid letter was also informed that under the residency scheme which provides for free accommodation. for in that case the doctors who could not be provided with free furnished accommodation within the hospital premises. 1/Association to receive such House Rent Allowance in addition to free furnished accommodation in the hospital premises.as hostel rent. 500/. 7. 2001.http://indiankanoon. cannot be disputed that as of date there is no change in the Government order except for what is laid down in the Government order dated February 19. 10.. Counsel appearing for the respondents however. It is also provided that Junior and Senior Residents would be entitled to dearness allowance.Resident Doctors Association Of . Postgraduate students and Registers in Central Institutions/Hospitals. Counsel for the respondents in support of the aforesaid contention relied upon the decision of this Court in Dr. In this connection reliance was placed on the Fundamental Rules and Supplementary Rules as also t he Government orders dated February 19. The said scheme was also adopted by the State Government for its four hospitals in Delhi. there was no contemplation of payment of House Rent Allowance in addition thereto and that the present practice is as per the Scheme.1992. if a doctor desires to claim House Rent Allowance may not avail of a free furnished a fresh hostel accommodation provided by the respondent/Institute. I have considered the rival submissions of the counsel appearing for the parties and have considered the records placed before me.No. According to the said recommendations. CCA and House Rent Allowance as per Government orders and when the members of the petitioner No. submitted that according to the Residency Scheme the Junior & Senior Residents are entitled to allowances like dearness Allowance. v.. The Government of India introduced the Residency Scheme in replacement of the system of House Surgeons. Therefore. 1974 which was amended and replaced by a fresh one issued on June 5. Counsel appearing for the respondents also submitted that a Resident doctor irrespective of the fact as to whether he is a Junior Resident or a Senior Resident. electricity and water.P. 9. therefore. submitted that the petitioners are entitled to be paid House Rent Allowance. He also drew my attention to the recommendations of the aforesaid Committee. 1296/2000) disposed of on May 30. 8. for a Resident occupying married accommodation would not be paid any House Rent Allowance. whereas Residents residing in hostels would be paid House Rent Allowance minus Rs. The said scheme provides for recruitment of Junior Resident and Senior Resident doctors. Counsel appearing for the petitioners. CCA and House Rent Allowance as per Government Orders on the subject on the basis of their monthly emoluments.1987. The said scheme is dated April 22.1987. It was also submitted by him that in case both the facilities are directed to be provided to the petitioners namely -free furnished accommodation within the hospital premises and also House Rent Allowance the same would create complications. 1/Association are provided with free furnished accommodation. He also drew my attention to the letter dated August 28. is entitled to receive House Rent Allowance in terms of the Government order. He also submitted that occupation of the free furnished accommodation is not compulsory and is only optional and. of N.org/doc/1939963/ 2 . any recommendation of the Committee constituted by the respondent/Institute would have no relevance unless of course a specific order is issued by the central government entitling the members of the petitioner No. 1/Association. 1/Association are not entitled to claim payment of any House Rent Allowance.C. Paragraph 5 provides for payment of allowances to such of the doctors namely Junior Residents and Senior Residents. therefore.T.

http://indiankanoon. Department of Expenditure.org/doc/1939963/ 3 . the aforesaid Government circulars would be clearly applicable on the issue raised by the petitioners herein. By virtue of the provisions of Rule 11 most of the petitioners are availing of the facility of the free furnished accommodation with free electricity and water. Since the provisions of the Residency Scheme in clear terms stated that Junior and Senior Residents shall be entitled to House Rent Allowance as per Government Orders on the subject on the basis of the emolument. Delhi or elsewhere in Government run hostels are not entitled to House Rent Allowance. The intention in the said circulars are clear and unambiguous. Paragraph 13 thereof states that continuous active duty for resident doctors will not normally exceed 12 hours per day and that subject to exigencies of work the resident doctors would be allowed one weekly holiday by rotation. The Government of India has issued a circular which is dated February 9. 11. Therefore.. 13. According to him a free furnished accommodation is necessarily to be provided to the resident doctors with free electricity and water within reasonable limits as may be fixed by the Government from time to time in exigencies of service and since the scheme also envisages payment of House Rent Allowance in terms of the extant rules even though such free furnished accommodation is provided to the petitioners they are also entitled to payment of House Rent Allowance in terms of the Residency Scheme. Indian Kanoon . In this context reference may also be made to the instructions issued by the Ministry of Finance. 1987. No government servant availing of a government accommodation can claim house rent allowance. Central government employees allotted hostel accommodation are not charged market rent. some of the doctors have taken their own accommodation outside the hostel premises but within the vicinity of the Hospital premises. None of the rules of the government instructions/circulars provides for payment of such benefit to the said doctors. It cannot be disputed that all the Junior and Senior Resident Doctors cannot be provided with free furnished accommodation within the hospital premises in view of the shortage of accommodation and non-availability of sufficient number of such accommodations. 12. wherein it is provided as follows:"Female Government servants residing in the Western House Hostel and the Working Girls' Hostel. The resident doctors are also required to be on call duty not exceeding 12 hours at a time. Since some of the doctors similarly situated as the petitioners could not be provided with free furnished accommodation within the hostel premises. the provisions of the scheme shall have to be given a reasonable and harmonious construction. The aforesaid Government Orders and circulars referred to above make it crystal clear that the persons governed by it would not be entitled to the benefit of payment of House Rent Allowance who occupy accommodation provided to them by the Government.e. Consequently. The said circular states that the person who is availing the facility of free furnished accommodation would not be entitled to receive the benefit of House Rent Allowance. 2001 thereof provides that the Resident doctors will be provided with free furnished accommodation.Resident Doctors Association Of . it would be necessary to look into what the Government orders have to say in that regard. Therefore.. Government Servants living in hostels run by Autonomous and semi-Government Organisations. Relying on the said provisions the counsel for the petitioners submitted that since the said doctors are to be available in the hospital for 12 hours per day and are also required to be on call duty not exceeding 12 hours at a time they are necessarily to be provided with free furnished accommodation within the hospital premises so that the services of the petitioners could be taken in terms of the aforesaid provisions in the scheme. but a subsidized rent) would not be entitled to House Rent Allowance. on 20 December.. vs All India Institute Of Medical . I have given my anxious consideration to the aforesaid submission.." 14. free electricity and water within reasonable limits as may be fixed by the Government from time to time. which are not run on commercial liens (i. in view of para 5(iii) of the aforesaid scheme wherein it is specifically laid down that house rent allowance would be admissible only as per the government orders. they would also be entitled to claim certain benefits in terms of money in addition to payment of house rent allowance for failure of the respondents to provide such accommodation to the said doctors in case the reliefs as claimed in the writ petition are granted. If the petitioners have availed of the benefit of free furnished accommodation of whatever nature they cannot be paid House Rent Allowance.

Indian Kanoon .Resident Doctors Association Of . vs All India Institute Of Medical . it appears to me that the petitioners would not be entitled to House Rent Allowance when they are being allotted with free furnished accommodation.. 17. being paid such allowance in terms of the interim order passed by this Court. as the case may be. 1/Association. Since there is no change in the concept of payment of House Rent Allowance in the Government order issued by the Central Government which provides that persons governed by it would not be entitled to the benefit of payment of House Rent Allowance who occupy accommodation provided to them by the Government/Institute. None of the petitioners who were provided with the free furnished accommodation and free electricity and water was given the benefit of the house rent allowance from the date of their joining as Junior Resident or Senior Resident Doctor as the case may be. Therefore.. it appears to me that the members of the petitioner No. if they do not wish to avail of the same and receive only the House Rent Allowance benefit that would also be permissible. 1/Association to avail of the free furnished accommodation provided by the Institute which is optional. 1/Association would not be entitled to receive House Rent Allowance when they are being allotted a free furnished accommodation. None of the members of the petitioner No. namely. It is to be noted that it is not compulsory for the members of the petitioner No. The recommendations of the Committee constituted by the respondent/Institute are still at the formative stage and no final decision is taken on the recommendations of the competent authority. the same does not lend any support to the case of the members of the petitioner No. When the entire facts and circumstances are taken notice of.. 2001 15. on 20 December. The interim order passed on October 7. They are. Therefore.http://indiankanoon. The petition.org/doc/1939963/ 4 . however.. therefore. 1/Association who are provided with the free furnished accommodation and free electricity and water was given the benefit of the House Rent Allowance from the date of their joining as Junior Resident or Senior Resident doctor. stands vacated. 16. has no merit and is dismissed accordingly. in that view of the matter and considering the entire facts and circumstances of the case.1999. the Central Government. Pending applications stand disposed accordingly.