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2025 Supreme(Online)(Ker) 15364

IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, K. V. Jayakumar, JJ
GOVINDANKUTTY P. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
VIVEK A.V., SREEHARI V.S., ARCHANA VIJAYAN AMMU M.(K/2056/2020)

J U D G M E N T

K. V. JAYAKUMAR, J.

Impugning the order of the Central Administrative Tribunal in O.A.No.1/2020 dated 05.07.2023, petitioner/applicant preferred this OP(CAT). The issue under consideration before the Tribunal was whether the distinction drawn between the serving Government employees and pensioners in respect of medical reimbursement is violative of rights relating to equity and right to life guaranteed by the Constitution of India .

2. The facts in narrow compass are as follows:

The petitioner/applicant, a retired Postal Assistant from Thrissur Postal Division, superannuated from service on 31.07.2017. According to the respondents, since the petitioner/applicant staying in an area outside the ambit of Central Services (Medical Attendants) Rules, 1944 [CS(MA) Rules], he can only avail Fixed Medical Allowance (FMA) in lieu of Central Government Health Service Scheme (CGHS). On 21.04.2018 due to a medical emergency of massive cardiac arrest, petitioner/applicant was taken to Unity Hospital and AIMS hospital. Later, the applicant submitted medical reimbursement claim for an amount of Rs.3,66,391/-. The claim of the petitioner/applicant was not considered and through Annexu

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