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Central Administrative Tribunal
Principal Bench, New Delhi
OA No. 1147/2017
New Delhi this the 19th day of December, 2018
Hon’ble Ms. Praveen Mahajan, Member (A)
1. All India Kendriya Vidyalaya Teachers’s Association
Through its’ President
K.V.D. Prasad, Aged 56 years
S/o Late Shri K. Butlhabbh
R/o Peddarapeti, H.No.97/2
SBI, Vijayawada.
2. Beer Chand Tyagi, aged 60 years
S/o Shri Desh Raj Singh Tyagi
Retired PGT Geography from
K.V. AGCR Colony, Delhi-92.
R/o AE 167, Avantika, Ghaziabad.
3. Hoshiyar Singh
Aged 62 years
S/o Shri Hari Ram
Retired Principal from KVS
r/o 64, Abhaygarh, Opp. K.V. No.1,
Air Force, Jodhpur (Raj.)
... Applicants
(By Advocate: Shri Yogesh Sharma)
VERSUS
1. Union of India through the Secretary
Ministry of Health & Family Welfare
Nirman Bhawan
New Delhi – 110 011.
2. The Director General
Central Government Health Services (CGHS)
Nirman Bhawan
New Delhi -110 011.
3. The Commissioner
Kendriya Vidhyalaya Sangathan
18, Institutional Area
2
Shaheed Jeet Singh Marg
New Delh – 110 016.
.
...Respondents
(By Advocate: Shri Rajinder Nischal for R-1 & 2
Ms. Sweena Nair for Shri S.Rajappa for R-3)
O R D E R (Oral)
The present OA has been filed on behalf of an Association of
Teachers’ of Kendriya Vidyalaya Sangathan for extending the
benefits of CGHS/Medical facilities to all the KVS teachers after
their retirement. The applicants state that during their service,
the KVS teachers, including Principals are entitled for CGHS
facilities while posted in Kendriya Vidyalayas. At places where
CGHS facilities are not available, they are entitled for medical
facilities as per Civil Service Medical Attendant Rules, 1944 and
can take treatment from Authorized Medical Attendant/Govt.
Hospital/Govt. Recognised Hospitals etc. In other words, medical
facilities are available for all the teachers during their service
time.
2. However, after retirement no CGHS or medical facilities
are available to the teachers of KVS. One retired KVS employee,
namely, R.S. Giri filed an OA No.1549/2013 before the Central
Administrative Tribunal, New Delhi seeking CGHS facilities after
retirement. The OA was allowed vide judgment dated
23.04.2014. In 14 of the aforesaid judgment it was held that :-
“14. We in the above facts and circumstances are of the
considered view that when the employees of KVS have
3
already been availing the CGHS facility while they were in
service, they cannot be left in lurch after they retire
without providing them an alternate scheme for the
protection of their health. Right to health is an essential
part of right to life guaranteed under Article 21 of the
Constitution. We, therefore, allow this OA and quash and
set
aside
the
impugned
order
dated
08.10.2012.
Consequently, we direct the Respondent-KVS and the
Respondents-Director General, Central Government Health
Scheme (CGHS) and the Min. Of Health and Family Welfare
to work out the necessary modalities as in the case of other
autonomous bodies whose retired employees have been
granted the facilities of the CGH Scheme. The same facilities
shall be extended to the applicant and all other retired
employees of KVS who opt for the same. Necessary
instructions in this regard shall be issued by the
Respondent-Union of India within a period of 3 months
from the date of receipt of a copy of this order. There shall
be no order as to costs.”
It is averred that the respondents implemented the
aforementioned judgment and extended the benefit of CGHS
Scheme to the applicant of that OA.
3. The
respondent
no.3
(the
Commissioner,
Kendriya
Vidhyalaya Sangathan) vide OM dated 21.08.2015 with the
approval of Ministry of HRD decided to extend the CGHS facility
to the retired employees of KVS only in Delhi/NCR. Though in the
said OM, it has not been stated
