ORDER

Per : Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER The applicant had filed this O.A seeking the following reliefs :

Declare that the non-feasance on the part of the respondents to restore and pay the applicant the monthly Fixed Medical Allowance already being paid to the applicant and to continue to pay the same from 01 January 2010 onwards is arbitrary, discriminatory and hence, violative of the constitutional guarantees enshrined in Articles 14, 16 and Direct the respondents to restore and pay the applicant the monthly Fixed Medical Allowance from 01 January 2010 onwards, with all consequential benefits arising therefrom, within a time frame as may be found just and proper by this Hon'ble Tribunal.

Award costs of and incidental to this application.

Pass such other orders or directions as deemed just fit and necessary in the facts and circumstances of the case.

2. In this regard, a Single Bench of this Tribunal passed an oral order on 22.12.2017 allowing the O.A to a limited extent. The respondents in the O.A then appealed before the Hon'ble High Court of Kerala in O.P.(CAT) No.201/2018. The Hon'ble High Court on 04.02.2021 remitted the matter back to the C.A.T., Ernakulam Bench for consideration and decision afresh, -3- after setting aside the final order dated 22.12.2017 rendered by the Tribunal. It was also directed that the Tribunal would afford reasonable opportunity of being heard to both sides and take all reasonable endeavours possible in the circumstances to ensure the early final disposal of the main matter without much delay, preferably on or before 31.03.2021, or at any rate, before the Tribunal closed for the summer holidays in the second week of April, 2021.

However, due to the closure/disruption of hearings in the Tribunal due to the Covid-19 pandemic, the window given by the Hon'ble High Court for disposal of the matter unfortunately could not be maintained. The matter was finally heard on 11.01.2022 and the O.A was reserved for orders thereafter.

3. The issue at hand in the O.A relates to the matter of restoration of Fixed Medical Allowance (FMA) to the applicant from 01.01.2010 onwards. The applicant is a pensioner who superannuated as an Administrative Superintendent from the Naval Physical & Oceanographic Laboratory (NPOL) under the Ministry of Defence at Kochi on 30.09.2002. At the time of his superannuation he opted to receive the FMA payable to retiring employees in terms of the Government of India, Department of Pensions and Pensioners' Welfare O.M.No.45/57/97-P&PW(C) dated 19.12.1997, a copy of which has been produced at Annexure A-1 in the O.A. After retirement the applicant was receiving the FMA as opted for. His wife became a cancer patient during 2008 and since her continued treatment affected his savings, he submitted a letter dated 19.01.2010 addressed to the -4- 5th respondent (the Defence Pension Disbursement Officer, Kochi) (DPDO) requesting that grant of FMA be stopped with effect from 01.01.2010 so that he could opt for the Central Government Health Scheme (CGHS) in order to facilitate further treatment of his wife at Trivandrum. On receipt of this application, the DPDO, Kochi gave him a “Pension Certificate” indicating that no medical allowance would be paid with effect from 01.01.2010. A copy of the “Pension Certificate” has been produced by the applicant at Annexure A-2. A perusal of the same would indicate that it is recorded that medical allowance has ceased with effect from 01.01.2010 and that it has also been recorded therein that “this certificate was issued for producing before the CGHS authorities only.” The other entries in the Pension Certificate relate to his pension number, details of the Bank through which pension is to be paid as well as the amount being paid as pension, Dearness Relief etc.

4. The applicant submits that he could not move to Trivandrum for further action to join the CGHS for treatment of his wife because of