CENTRAL ADMINISTRATIVE TRIBUNAL LUCKNOW BENCH LUCKNOW Original Application No. 332/302 of 2024 Order reserved on: 06.10.2025 Order pronounced on: 14.10.2025 Hon’ble Mr. Pankaj Kumar, Member-Administrative Ram Pyare Srivastava, aged about 78 years, S/o Late Madan Lal Srivastava, R/o 418/121 Garhi Peer Khan, Vindhya Niwas, Lucknow-

226003.

…..Applicant By Advocate: Shri Raj Singh VERSUS

1. Council of Scientific & Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi, through its Joint Secretary (Administration).

2. Director, CSIR- National Botanical Research Institute, Rana Pratap Marg, Lucknow-226001.

3. Controller of Administration, CSIR- National Botanical Research Institute, Rana Pratap Marg, Lucknow-226001.

4. Controller of Finance & Accounts, CSIR- National Botanical Research Institute, Rana Pratap Marg, Lucknow-226001.

…..Respondents By Advocate: Shri Asit Kumar Chaturvedi (Sr. Counsel) assisted by Shri Harsh Tripathi ORDER Per Hon’ble Mr. Pankaj Kumar, Member-Administrative In this case relating to medical reimbursement, the applicant seeks the following reliefs:-

(i) This Hon'ble Tribunal may kindly be pleased to quash the orders dated

22.11.2023 and representation rejection order dated 27.02.2024, issued by respondent no. 2 (contained in Annexure No.A-1 collectively).

(ii) To direct the respondents to accept the medical reimbursement for indoor treatment papers for onward processing for making payment thereof and if need be then the applicant be invited for registration of CGHS card.

(iii) To pass such other orders which are found just, fit and proper under the circumstances of the case.

(iv) To allow the original application with cost.

2. The facts of the case are that the applicant retired from service on 31.10.2005 from the post of Controller of Stores and Purchase in the National Botanical Research Institute (NBRI, hereafter), Lucknow. He applied for, and was granted, Fixed medical Allowance (FMA, hereafter) @ Rs. 1,000/- per month with effect from January, 2018. The applicant’s wife underwent medical treatment at Midland Hospital, Lucknow from 18.07.2023 to 20.08.2023 for which he submitted claim for medical reimbursement on 06.10.2023 which was declined by the respondents vide order dated 22.11.2023. The applicant, then, submitted a representation dated 04.12.2023 which was also rejected vide order dated

27.02.2024. Aggrieved, the applicant has preferred this OA.

3. The applicant contends that as he was being paid FMA, the claim for medical reimbursement should have been entertained by the respondents. He further contends that even if non-registration with CGHS was a hurdle in accepting the claim, it was the duty of the respondents to inform him and invite him for the registration when he informed them on 01.08.2023 about hospitalization of his wife. In support of his contentions, the applicant cites the Council of Scientific and Industrial Research (CSIR, hereafter) letter dated 11.12.2003 regarding medical facilities to CSIR pensioners and the judgment of Hon’ble Supreme Court in Shiva Kant Jha vs Union of India & Ors in Writ Petition (C) No. 694 of 2015.

4. On the other hand, the respondents contend that the applicant being a Group ‘A’ officer of CSIR was fully aware of all terminal benefits and he did not submit application for one time payment towards life time subscription and issue of Permanent CSIR Dispensary Card and is, therefore, not entitled for availing CSIR medical facilities for indoor hospitalization, including medical reimbursement in terms of CSIR letter dated 24.07.2000. They state that the applicant, for the first time, applied for payment of FMA on 12.01.2018. They further state that the latest representation dated 11.03.2024 of the applicant was also rejected vide order dated 21.03.2024 based recommendations of the Medical Committee. Finally, the respondents aver that a similar controversy has been settled by this Tribunal in OA No. 172 of 2023 Ram Krishna Srivastava vs Union of India & Ors vide j