Central Administrative Tribunal

Principal Bench, New Delhi.

TA-11/2017

Reserved on : 27.11.2018.

Pronounced on : 28.12.2018.

Hon’ble Ms. Praveen Mahajan, Member (A)

1.Smt. Krishna Devi

2.Shri Naresh Kumar

3.Shri Manoj Kumar

4.Shri Surender Kumar

All resident of Village Sampla, Ward No.13, Distt. (Rohtak),

Haryana.

5.Smt. Asha Devi,

W/o Sh. Sanoj Bhardwaj,

R/o Village Naya Bans,

Delhi-110082.

6.Smt. Anita,

W/o Sh. Sashi Bhardwaj,

R/o Village Naya Bans,

Delhi-110082.

….

Applicants

(through Sh. M.L. Sharma and Ms. Vidhi Kumar, Advocate)

Versus

1. The Secretary,

Ministry of Health and Family Welfare,

Union of India, Nirman Bhawan,

New Delhi.

2. The AS & Director General,

CGHS Directorate,

Ministry of Health and Family Welfare,

Nirman Bhawan, New Delhi.

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TA-11/2017

3. The Director (HQ),

Central Government Health Scheme,

Ministry of Health and Family Welfare,

CGHS Building, R.K. Puram,

Sector-12, New Delhi-110022.

…. Respondents

(through Sh. Subhash Gosain and Dr.Ch. Shamsuddin Khan,

Advocate)

O R D E R

This case has been received on transfer from the Hon’ble High

Court of Delhi vide order dated 13.02.2017 in WP(C)-5991/2016, CM-

24644/2016 and has been numbered in the Tribunal as TA-11/2017.

2. The facts of the case, in brief, are that the applicant Sh. Krishan

Lal joined Indian Army on 21.06.1963. He retired from the post of

Gunner on 01.07.1978. After retirement, he was employed as Staff

Car Driver (on 16.02.1979) with the Department of Culture, Ministry of

Culture, Government of India, from where he retired on 30.06.2005.

3. The applicant states that due to ill health (shortness of breath),

he was admitted in Sri Balaji Hospital, Paschim Vihar, New Delhi on

29.01.2016 and discharged on 01.02.2016. During his illness, he

incurred an expenditure of Rs. 1,79,950/-. The applicant submitted

an application in the prescribed format to respondents No. 1 to 3

along with details of medical treatment, bills and payment receipts.

Respondent No.3 vide order dated 27.04.2016 rejected his medical

reimbursement on the ground that the applicants’ CGHS Card was

not valid during the period of treatment.

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TA-11/2017

4. The applicant avers that it is a settled legal position that

Government employees in their lifetime, during and after retirement

are entitled to get the benefits of medical facilities. No fetters can

be placed on this right on the pretext that he had not opted to

become a member of the Scheme or had paid the requisite

subscription after having undergone the operation or such other

medical treatment. Under Article 21 of the Constitution of India, the

State has a Constitutional obligation to bear the medical expenses

of Govt. employee while in service and also after they retire, hence

the denial of his valid claim by the respondents is legally untenable.

5. The applicant has placed reliance on the following judgments

of the Hon’ble High Court:-

(i) Ram Kumar Kaushik Vs. GNCTD & Ors., 229(2016)DLT 219.

(ii) Govt. of NCT Vs. S.S. Sharma, 118(2005)DLT 144.

(iii) Mahinder Pal Vs. UOI, 117(2005)DLT 204.

(iv)Milap Singh Vs. UOI, 113(2004)DLT 91

(v) Randeep Kumar Rana Vs. UOI, 111(2004)DLT 473.

(vi)P.N. Chopra Vs. UOI, 111(2004)DLT 190.

(vii)S.K. Sharma Vs. UOI, 2002(64)DRJ 620.

(viii)B.R. Mehta Vs. UOI, 79(1999)DLT 388.

(ix) Narender Pal Singh Vs. UOI, 79(1999)DLT 358.

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6. The applicant has filed this O.A. seeking the following relief:-

“(i)

Direct the respondents no.1 to 4 to reimburse medical

expenses/claim of the petitioner on account of medical treatment of

the petitioner at Sr Balaji Hospital, Paschim Vihar, New Delhi without

any delay.

(ii)

Impose appropriate cost on the respondents on account of

harassment cause to petitioner by illegally and arbitrarily rejecting the

medical reimburseme