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CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH

Original Application No. 180/00236/2023

Wednesday, this the 1st day of April, 2026 CORAM:

HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER

K. J. Andrews, Retired Senior Superintendent of Railway Mails,

Railway Mail Service “EK" Dn, PPO No: 12892/LPS/TVM residing at 'UDAYAM', St Thomas Street,

Kuriachira, Thrissur Pin - 680 006. - Applicant

[By Advocate : Mr. C.C Rejinold]

Versus

1. Union of India, represented by the Secretary to the Government of India, Department of Posts,

Ministry of Communication, New Delhi 110 001.

2. Chief Postmaster General, Kerala Circle, Thriuvanathapuram. Pin: 695 032.

3. Director of Accounts (Postal), Kerala Circle, Thiruvanathapuram. Pin: 695 001.

4. Additional Director, Central Government Health Scheme (CGHS), Kesavadasapuram,

Thiruvanathapuram – 695 004. - Respondents

[By Advocate :Mr. V.N Mohanadasan, ACGSC]

The Original Application having been heard on 01.04.2026, the Tribunal on the same day delivered the following

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O R D E R (Oral):-

Per: Justice Sunil Thomas, Judicial Member

The applicant had retired from service of the respondents in the year

2007. Since he did not exercise his specific option for CGHS card, he was granted FMA deeming it that he has opted for FMA. It continued for some time. Thereafter he joined CGHS in 2011 since the applicant was diagnosed with cancer, which needed treatment at Vellore and he decided to opt out of CGHS. The applicant surrendered CGHS card and sought for restoration of the FMA by Annexure A-3 dated 10.12.2019. Annexure A-4 certificate was issued stating that his CGHS card was cancelled for availing FMA. After several enquiries, by Annexures A-6 and A-7, he was informed that change of option and FMA was declined on the ground that he has already

exercised the option and there cannot be any further option.

2. Aggrieved, the applicant has approached this Tribunal seeking the

reliefs as follows :-

Payment of Fixed Medical Allowance (FMA) at the rate eligible to Pensioners from 01.01.2020 with 12% interest on delayed payment or else restore CGHS facility which he and his wife were getting in the past from the date of order and the applicant is willing to pay the prescribed fees applicable to

Pensioners.

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3. We are not inclined to go into the details of facts and the legal issue involved, since we are informed by the learned Counsel for the applicant that the CGHS card of the applicant was restored by communication dated 04.09.2024 with effect from that day. Now the remaining question is regarding the relief with regard to the period from 17.04.2019 to 04.09.2024 during which the applicant was neither under CGHS nor entitled for FMA. Though the learned Counsel for the applicant submitted that he may be granted the benefit of FMA, we are not inclined to grant such benefits which is not in accordance with the law and Rules. However, the natural consequence of restoring him the CGHS card based on his earlier surrender with an anterior date normal consequence to deem that he was under the

CGHS benefits from 17.04.2019 to 04.09.2024 and thereafter.

4. Accordingly, it is directed that the applicant will be entitled to claim the benefits of medical treatment, which he had undergone on submission, of the relevant bills and documents to establish his treatment. If such bills and records in accordance with Rules are submitted and are otherwise in order, the respondents shall process it and grant him the admissible benefits in accordance with the admissible rates without rejecting it on the technical

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objection, whether treatment was with or without prior permission. The applicant shall also renew his CGHS card with effect from 17.04.2019 by paying the annual/monthly subscription, if payable by him during relevant period. The 4^th respondent shall quantify