The main legal point established in the judgment is the equal entitlement of medical benefits for retired judges of the High Court and the Supreme Court residing within the State of Kerala, based on the relevant Acts and the Central Government Health Scheme.

Sreedharan, J.

One of the retired judges of the Kerala High Court slaying in Cochin approached this Court by tiling the original petition inter alia praying for the issue of a writ of mandamus to the Union Government to apply the Central Government Health Scheme to all retired judges irrespective of their place of residence. He also prayed for the issue of a writ of mandamus directing the State Government to issue a Notification on the same terms as in Ext. P3 applying the benefits conferred by the said order to the retired Supreme Court Judges also to retired High Court Judges. A learned single judge disposed of the O.P. by judgment dated 20-I0-I994 by declaring that petitioner as well as all other retired High Court Judges and members of their families residing within the State 'of Kerala are entitled to the benefits envisaged under C.G.H. Scheme as for a retired Class I Officer of the Central Government. Learned Judge further observed that it is open to the Central Government or any authority prescribed under the C.G.H. Scheme to collect or realise the prescribed contribution amount from the retired High Court Judge concerned. Inspite of the above direction and observation made by the learned single judge, mottling took place to extend the medical benefits to retired High Court Judges who are staying within Kerala. Thereupon petitioner in the O.P. moved C.M.P. 11295/95 praying for issue of appropriate direction to the Union and State Government for due compliance with the judgment of the High Court. When it came before the learned judge who disposed of the O.P. he directed it to be placed before a Bench. Thus the matter has come before us.

2. Medical facilities for retired judges of the High Court are dealt within Section 23D of the High Court Judges (Conditions of service) Act, 1954. Clause (I) of that Section provides that every retired judge be entitled for himself and his family to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Service Class I and his family are end (Jed under any rules and orders of the Central Government in force. Clause (2) of that Section further provides that notwithstanding anything contained in sub-section (I) a retired judge of the High Court of a State may avail, for himself and his family any facilities for medical treatment which the Government of that State may extend to him subject to the conditions and restrictions as the Central Government may impose.

3. Section 23C of the Supreme Court Judges Conditions of Service Act, 1958 stales that every retired judge shall be entitled, for himself and his family to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Services Class I and his family are entitled under any rules and orders of the Central Government for the time being in force. The said provision is virtually in pari-materia with Section 23D of the High Court (Conditions of service) Act referred to earlier.

4. Central Government has introduced a Scheme known as Central Government Health Scheme by which its pensioners are given certain facilities Like (I) outdoor treatment through dispensaries/polyclinic/hospital, maternity centres elc. (2) Supply of drugs, (3) Laboratory and X-ray investigations, (4) Domiciliary visits (provided the pensioners reside within 3 kms. of C.G.H.S dispensary) (5) Specialised consultation in selected centres and polyclinics/hospitals etc. (6) Hospital services at: Government Hospital and selected hospitals recognised by C.G.H. Scheme. It includes O.P.D., hospitalization, specialised investigation and treatment. (7) Specialised treatment in specialised hospitals for Cancer, T.B. Polio and Menial Diseases (8) Super Speciality treatment eg. kidney transplant and Coronary Artery Bypass Graft (C. A. V.G.) etc. (9) Facilities for dental treatment. However C.G.H.S. scheme has specified dial the benefits would be available