Neutral Citation No. - 2025:AHC:107588 Court No. - 38 Case :- WRIT - A No. - 38510 of 2013 Petitioner :- Mohammad Anis Khan And 15 Ors. Respondent :- Union Of India And 3 Ors. Counsel for Petitioner :- Hemant Kumar Counsel for Respondent :- Awadesh Rai,Ritvik Upadhya,S.C.,Shashank Shekhar Singh Hon'ble Donadi Ramesh,J. 1. Heard Sri Hemant Kumar, learned counsel for the petitioners, Shashank Shekhar Singh, learned counsel for respondent -University and Sri Ritvik Upadhya, learned counsel for respondent no. 4-University Grants Commission. 2. Present writ petition has been filed for following relief: "(i) issue a writ order or direction in the nature of mandamus directing the respondents to pay the Hospital Patient Care Allowances to the petitioners irrespective of pay scale drawn by them. (ii) issue a writ order or direction in the nature of mandamus directing the respondent to pay the arrears of Hospital Patient Care Allowances with effect from 1.4.2008 with interest." 3. The petitioners are in different category in a medical college affiliated to the respondent-University. By virtue of the Government Order dated 4.2.2004, petitioners were granted payment of Hospital Patient Care Allowances as the petitioners were working in Group 'C' cadre. Subsequently, the petitioners post were converted into Group 'B' cadre, hence, the respondents are discontinued to such allowance to the petitioners. Questioning the said action, petitioners have filed the present writ petition. 5. Learned counsel for the petitioners has brought to the notice of Court that subsequent to filing of the writ petition, Union of India has considered the request made by some persons and pass orders on 22.04.2022 extending such benefits to Group A, B and C cadres also. In view of said circumstances, now the petitioners have been provided by payment of Hospital Patient Care Allowances, but the respondents have not paid the arrears from 2008 till 1st July, 2017. 6. Sri Shashank Shekhar Singh, learned counsel for respondent- University and Sri Ritvik Upadhya, learned counsel for respondent-University Grants Commission have submitted that the petitioners are not entitled for the benefit of Hospital Patient Care Allowances once their services have been converted into Group 'B' cadre from 2008 and the respondents have already released such benefit consequent to the orders passed by Union of India vide order dated 22.04.2022 from 1st July, 2017, onwards. As petitioners are working in Group 'B' cadre before 1st July, 2017, the petitioners are not entitled for payment of such allowances. As there is cut-off date fixed by the Union of India in order dated 22.04.2022, hence, the petitioners are not entitled before the cut- off date. 8. Considering the said submissions, though the respondents have raised an objection with regard to payment of such allowances before 2008, no records are forthcoming when that issue is not in controversy as the petitioners themselves are saying that till 2008 they have been paid only dues is left for consideration for payment of such allowances from 2008 to 1st July, 2017. 9. In such circumstances, as the petitioners are not entitled as per the orders of the first respondent dated 4.2.2004, once they are converted into Group 'B' cadre and also as per the date fixed i.e. 1st July, 2017 vide order dated 22.04.2022. In such circumstances, as second and third respondents are not the competent authority to release any arrears because they only go by the instructions issued by respondent no.1 vide orders dated 4.2.2004 as well as 22.04.2022. 10. In view of the above, the writ petition is disposed of giving liberty to the petitioners to approach respondent no.1 by way of representation, within four weeks from today. In case, such representation is filed, the respondent no.1 may consider the same and pass appropriate orders, expeditiously, in accordance with law. Order Date :- 8.7.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad