Plea in Apex Court Challenges Halt of Disability Care Funding
(Judicial Quest News Network)
New Delhi, November 15: The Supreme Court on Friday agreed to examine a petition challenging the Union Health Ministry’s May 7 notification that discontinued the Hospital Patient Care Allowance (HPCA) for persons with disabilities employed in hospitals and healthcare establishments recognized and funded by the Centre.
A bench headed by Justice Vikram Nath admitted the plea filed by the AIIMS Divyang Foundation, represented by Advocate Rajeev Kumar Dubey. The petition contends that persons with disabilities working in healthcare institutions constitute a vulnerable class, exposed to risk and hardship inherent in hospital work, and therefore deserve continued coverage under HPCA.
Petition Highlights Rights and Vulnerabilities
The petitioner argued that the notification violates the fundamental rights of dignity, equality, and freedom to work guaranteed under the Constitution. It further claimed that the move breaches provisions of the Rights of Persons with Disabilities Act, 2016, which mandates protection and equal treatment of persons with disabilities in employment.
“Disabled employees in hospitals face unique challenges and risks. They must be treated as a separate class under the risk and hardship matrix and be covered by HPCA,” the plea asserted.
Call for Guidelines to Prevent Misuse
The petition also urged the Supreme Court to frame appropriate guidelines for the grant of HPCA/Patient Care Allowance (PCA) to ensure uniformity and prevent misuse or lapses in implementation.
“It is submitted that employees with disabilities are not demanding
sympathy, but respect and equality. Denying the PwD the Patient Care
Allowance when they provide the same services, bear the same risks, and shoulder the same responsibilities as other employees is not only
discrimination but also a clear violation of the Rights of Persons with
Disabilities Act, 2016.” The petition states…
HPCA/PCA is a critical allowance provided by the Centre to non-ministerial and ministerial employees under Group C and D staff in central government hospitals or healthcare establishments with 30 or more beds. It is extended to those not receiving night weightage or risk allowances, serving as a vital financial safeguard for frontline staff engaged in patient care.
Broader Implications
The case raises significant questions about the intersection of disability rights and workplace protections in healthcare institutions. By admitting the petition, the Supreme Court has opened the door for judicial scrutiny of whether the suspension of HPCA undermines constitutional guarantees and statutory protections for disabled employees.
“It is humbly submitted that the members of the society are Persons with 40% to 90% disability, employed in R1H3 Risk and Hardship Matrix, who are much more vulnerable and prone to infections from infectious diseases and chemical waste, than a normal person and who were getting paid the same HPCA/PCA which was patently discriminatory and violative of Article 14 of the Constitution of India in as much as the Persons with disability constitutes a class within the class.” The petition asserts.
The matter is expected to set an important precedent on how welfare allowances are structured and safeguarded for vulnerable groups working in high-risk environments.
