Sanjeev Narula JUDGMENT
Manmohan, J.
1. The present petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The petition has been heard by way of video conferencing.
2. It is pertinent to mention that present public interest litigation has been filed with the following prayers:-
a) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to make provisions for the payment of salaries to the Health Workers in time.
and
b) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to make provisions for the payment 'risk and hardship' allowance, incentives in form of bonus, additional salary to the Health Workers who are presently serving on the frontline in view of the present lock down situation due to the COVID 19 situation in the country;
and
c) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to identify such health workers who are above the age of 48 years with health conditions such as diabetic etc and direct not to deploy them in any duty which comes in direct or indirect contacts with COVID-19 patients; and
d) Issue a Writ of Mandamus or any other appropriate Writ, order or direction to the Respondents to supply the basic Personal Protection Equipments (PPE) to all health workers;
and
e) pass such other and further order/orders as deemed fit and proper in the facts and circumstances of the present case and in the interest of justice."
3. Learned counsel for the petitioner states that the benefit of Hazard or Risk pay which has been extended to officers in high-active field areas such as the country's borders or counter-insurgency operations in accordance with the Seventh Central Pay Commission should be extended to health workers who are dealing with or treating COVID-19 patients. In support of his contention, he relies upon the Press Note dated Nil allegedly released by the Government of India. Since learned counsel for the petitioner has extensively relied upon the said document, the relevant portion of the same is reproduced hereinbelow:-
"7th CPC recommendations on Allowances
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A new paradigm has been evolved to administer the allowances linked to risk and hardship. The myriad allowances, their categories and sub-categories pertaining to civilians employees, CAPF and defence personnel have been fitted into a table called the Risk and Hardship Matrix (R&H Matrix). The Matrix has nine cells denoting varying degrees of risk and hardship with one extra cell at the top named as RH - Max to include Siachen Allowance. Multiple rates applicable to individual allowances will be replaced by two slab rates for every cell of the R&H Matrix.
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Highlights of Cabinet approval on Allowances
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9. Recommendations in respect of some important allowances paid to Nurses & Ministerial Staffs of Hospital
i. Existing rate of Nursing Allowance has been increased from ` 4800 per month to ` 7200 per month.
ii. Rate of Operation Theatre Allowance has been increased from ` 360 per month to