The court established that pensioners are entitled to the old subscription rates if they apply for a CGHS card before a specified deadline, regardless of subsequent rate changes.

CENTRAL ADMINISTRATIVE TRIBUNAL LUCKNOW BENCH LUCKNOW Original Application No. 332/00257 of 2023 Order reserved on: 08.09.2025 Order pronounced on: 16 .09.2025 Hon’ble Mr. Pankaj Kumar, Member-Administrative

1. Arun Kumar Saxena, aged about 67 years, S/o Sri Late Ram Kishore Saxena, R/o House No. 346/154 K Mehndi Ganj, Lucknow - 226003.

…..Applicant By Advocate: Shri Dharmendra Awasthi VERSUS

1. Union of India, through Secretary, Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi.

2. Additional Director, Central Government Health Scheme, B-114/115 Vibhuti Khand, Gomti Nagar, Lucknow - 226010.

…..Respondents By Advocate: Smt. Prayagmati Gupta ORDER Per Hon’ble Mr. Pankaj Kumar, Member-Administrative In this case relating to medical reimbursement, the applicant has sought the following reliefs:-

a) To quash and set aside the order dated 24.05.2017, contained in Annexure no. 1, passed by respondent no. 2, whereby the representation of the applicant has been rejected stating therein that since the applicant has applied CGHS Card after deadline i.e. 31.01.2017, with all consequential benefits.

b) To issue an order, direction and command to the respondent no. 2 to refund back the amount of Rs. 39,000/- to the applicant as the same has been excess deposited by the applicant under the pressure of respondent no.1, with all consequential benefits of service including interest @ 8% per annum from the date of its due till the date of actual payment.

c) Issue such other order/direction which may be deemed just and proper in the circumstances of the case.

d) Allow the Original Application with cost against the respondents in view of the facts and circumstances, legal provisions and Grounds raised in the Application.

2. The facts of the case are that the applicant, working under the Intelligence Bureau, retired from service on 31.12.2016. Aggrieved by the impugned order dated 24.05.2017 through which the revised rate for Central Government Health Scheme (CGHS, hereafter) Card was applied in the applicant’s case by the respondents, he has preferred this OA.

3. The applicant’s grievance is that his lifetime CGHS Card was issued on 03.01.2017 but he was compelled to deposit Rs. 78,030/- as per the revised rate for the CGHS Card (instead of the old rate of Rs. 39,030/-) despite the office memorandum (OM, hereafter) dated 13.01.2017 issued by respondent no. 1 stipulating that the revised rate for CGHS Card would be effective from 01.02.2017.

4. The respondents state that as per OM dated 09.01.2017 and 09.02.2017 the deadline for applying for CGHS Card at the old rates was 31.01.2017 and since the applicant applied for the lifetime CGHS Card after the deadline and deposited the fee for the same on 11.04.2017, the revised fee is applicable in case of the applicant and it was collected from him accordingly. It is further stated that the applicant was holding CGHS Card having validity for 6 months i.e. from 03.01.2017 to 30.06.2017 and during this period he applied for lifetime CGHS Card on 11.04.2017 for which he was charged the revised rate.

5. Heard both the parties.

6.1 It is noted that the rates of subscription to CGHS were revised vide OM dated 09.01.2017 in the following manner:

“Sub: Revision of rates of subscription under Central Government Health Scheme due to revision of pay and allowances of Central Government employees and revision of pension/family pension on account of implementation of recommendations of the Seventh Central Pay Commission.

…

2. Consequent upon revision of pay on the basis of the implementation of the recommendations of the 7th Central Pay Commission, it has been decided to revise the rates of subscriptions, to be made by employees/pensioners, for availing benefits under the CGHS, with effect from 1st January, 2017. It has also been decided to revise the monetary ceiling limits for various