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2024 Supreme(Del) 125

REKHA PALLI, RAJNISH BHATNAGAR
Kendriya Vidyalaya Sangthan – Appellant
Versus
Rajesh Kumar – Respondent


Advocates appeared:
Mr. N.K.Bhatnagar, Km. Rupali and Ms. Pratishtha Majumdar, Advocates, for the Petitioner.
Appearance not given, for the Respondent.

JUDGMENT

Rekha Palli, J. (Oral)

CM APPL. 4944/2024 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 1171/2024 & CM APPL. 4945/2024 (stay)

3. The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 16.02.2023 passed by the learned Central Administrative Tribunal in O.A.1874/2021. Vide the impugned order, learned Tribunal has allowed the original application filed by the respondent, and has consequently, directed the petitioner to issue CGHS card to him and his wife, subject to his paying the service charge on a cost to cost basis.

4. Before dealing with the rival submissions of the parties, the brief factual matrix, as emerging from the record may be noted.

5. The respondent joined the services of the petitioner as an Account Clerk in 1980, and was posted at the Kendriya Vidyalaya Sangathan (KVS) Headquarters at New Delhi. He was thereafter transferred to regional office, Dehradun in 1997, and again transferred back to Delhi in July, 2010. The Ministry of Health and Family Welfare, (MH&FW) issued an O.M. dated 29.05.2015, as per which all employees who had retired from s

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