2017 Supreme(Online)(P&H) 249
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJIV MALIK & ORS – Appellant
Versus
UNION OF INDIA & ORS – Respondent
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****
Decided on 09.09.2025 ****
Sanjiv Malik & Ors. ... Petitioners VS.
Union of India & Ors. ... Respondents ****
CORAM: HON’BLE MR.JUSTICE SANDEEP MOUDGIL ****
Present: Mr. Amandeep Talwar, Advocate, Mr. Rohit Nagpal, Advocate, Mr. AS Rawaley, Advocate for the petitioners Mr. Jagdish Manchanda, Advocate for respondent No.5 ****
Sandeep Moudgil, J.
(1). The jurisdiction of this Court has been invoked under Article 226 of the Constitution of India for issuing a writ of mandamus directing the respondents to comply with the mandate of Rule 62 of Central Industrial Security Force Rules, 2001 (hereinafter referred as CISF Rules, 2001) and the terms on which CISF was deployed at the airports of Airport Authority of India and grant the same medical facilities to CISF persons as have been granted to the employees of the Airport Authority of India with a further direction to clear the pending reimbursement claims of the petitioners.
(2). Learned counsel for the petitioner contends that the petitioners are CISF personnel posted at the International Airport at Amritsar run by Airport Authority of India (AAI). He submits that as per Rule 62 of the CISF Rules, a CISF personnel deployed in a public sector undertaking would be entitled to the same medical facility as are admissible to its employees. It is contended that the AAI employees get their medical entitlement in accordance with the Airport Authority of India (Employees Medical Attendance and Treatment) Regulations, 2003, however, the respondents have created a disparity between the OPD entitlement of its employees and equivalent ranked personnel of CISF.
(3). Notice of motion in this case was issued on 30.03.2017 and pursuant thereto, the respondents had filed written statement on 27.03.2018. During the course of arguments, a Coordinate Bench of this Court noticed the factual background of the matter and passed order dated 10.07.2019 which is to the following effect:-
“Petitioners are Central Industrial Security Force personnel, posted at Amritsar and seek compliance of the mandate of Rule 62 of the Central Industrial Security Force Rules, 2001, for grant of same medical facilities to them as has been granted to the employees of the Airport Authority of India (
for short, 'AAI'). Said rule read as under:
“62. Medical facilities – Members of the force shall be entitled to the facilities of the Central Government Health Scheme and in places where these facilities are not available, they shall be governed by the Central Civil Services (Medical Attendant) Rules, 1944:
Provided that when they are deployed in a Public Sector Undertaking:-
(i) in a case where such Public Sector provides medical facilities to its employees, such members of the Force shall be entitled to avail such facilities free of charge; and (ii) if such facilities are not available, the authorized medical attendant for such members of the Force will be as provided in Central Civil Services (Medical Attendant) Rules, 1944.”
Specific pleadings have been made that the petitioners are personnel deployed in a Public Sector Undertaking and the entitlement of the said members of the Force is less than what has been granted to the employees of the AAI and there is no denial to the said pleadings in the written statement filed on behalf of respondent No.5. However, a stand has been taken that they are not entitled to the same facilities at par with the employees of AAI. It is also pertinent to notice that wayback on 06.03.2002 (Annexure R5/1), which has been filed with the written statement, the Government of India, Bureau of Civil Aviation Security had written to the Chairman, AAI regarding the standing operating procedure for aviation security group of the Central Industrial Security Force at the time of deployment of CISF with the AAI which had been approved by the Ministry. Along with the same, Rule 62 was also appended, which has been reproduced above.
As per letter dated 16.06.2017 (Annexur