IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3140 OF 2025 Navodaya Vidyalaya Samiti, ] B-15, Sector 62, Institutional Area, ]

Noida 201 309. ] .. Petitioner Versus

1. Navodaya Vidyalaya Samiti ]

NVS Retired Employees Association ] through its President Shri A. B. Bhardwaj, ] Office at E-3-601, Daffodils Society, ] Pimpri Chinchwad, Pune-410027 ] having registration No.MAH/1326/2021 ]

2. Rajesh Kumar Gupta ]

Flat No. 4B/502, Kalpataru Estate, Phase 2, ] Pimple Gurav Pimpri Chinchwad, Pune ]

3. K. Sivaraman, Son of Late K.G. Nair ]

Aged 61 years, Retired as Asstt. Commissioner ] (Admn) Navodaya Vidyalaya Samiti, Regional ] Office, Pune, Residing at 4-D-902,Phase-2, ] Kalpataru,Pimple Gaurav, Jawalkar Nagar, ] Pune 410 61 ]

4. Union of India through the Secretary, ]

Ministry of Eduction, Shastri Bhavan, ]

New Delhi 110 001. ]..Respondents Ms. Neeta Masurkar, Advocate for the Petitioner.

Mr. Rahul G. Walia with Mr. Vilas B. Tapkir, Advocates for Respondent Nos.1 and 3.

Mr. Aniruddha A. Garge, Advocate for Respondent No.4.

CORAM : SHREE CHANDRASHEKHAR, CJ. &

GAUTAM A. ANKHAD, J.

DATE : 16TH SEPTEMBER 2025.

Per, Gautam A. Ankhad, J.

Navodaya Vidyalaya Samiti (for short, “NVS”), the petitioner, is aggrieved by order dated 10^th May 2024 passed by the Central Administrative Tribunal (for short, Tribunal), by which, the petitioner has been directed to implement and extend the Central Government Health Scheme (for short, “CGHS”) to its employees after their retirement. The petitioner is also aggrieved by the subsequent order of the Tribunal dated 5^th December 2024 dismissing its application for extension of time for implementation of the 10^th May 2024 order. The challenge to both the orders is on the ground of financial and policy constraints in implementing the Tribunal’s directions.

2. The brief facts leading to the filing of this Writ Petition are:

(a) On 1^st July 2014, at the 33^rd meeting of the Executive Committee of the NVS, it was resolved to confirm the decisions taken earlier by the Finance Committee (at its 55th and 63rd meetings) regarding implementation and extension of the CGHS to the retired employees.

(b) Since there was no progress, one Shri K. Sivaraman filed Original Application No. 2087 of 2019 under Section 19 of the Administrative Tribunals Act, 1985, seeking extension of medical facilities to retired employees of the NVS at par with serving employees. Respondent No. 1 also filed a similar application, i.e, Original Application No. 538 of 2022 before the Tribunal, seeking extension and implementation of the CGHS for retired employees of the NVS and for enforcement of the decisions recorded in the minutes of the 33^rd, 55^th and 63^rd meetings of the Committees of the NVS.

(c) On 26^th August 2022, the NVS addressed a letter to the Under Secretary, Ministry of Education, Government of India, forwarding a proposal to extend CGHS facilities to its employees, both serving and retired.

(d) In the meanwhile, since common questions of law and fact were involved, both matters were clubbed and heard together. By a common order of 10^th May 2024 (for short, “Impugned Judgment”) the Tribunal allowed the applications and directed the NVS to implement its approved agenda and extend the CGHS to the retired employees within a period of four months. The relevant extract of the Impugned Judgment reads as under :–

“15. I have considered the rival submissions and the documents on record. To my mind, this is not an adversarial litigation. Respondents are aware of the issue and have attempted to get it resolved. The minutes of the meetings of the Executive and the Finance Committee show that respondents were exploring various possibilities to formulate a scheme to grant medical facilities to retired employees. On one occasion, the highest executive committee of NVS had approved the agenda to extend medical facilities to retired employees also. On the part of the applicants, they are willing to contribute and subscribe to