IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, K. V. Jayakumar, JJ
Union of India – Appellant
Versus
Balakrishnan V – Respondent
| Table of Content |
|---|
| 1. legal challenges to reimbursement for medical expenses due to retirement status. (Para 1 , 2) |
| 2. arguments regarding eligibility for medical reimbursement based on hospital affiliation. (Para 3 , 4) |
| 3. court's consideration of equitable rights and past judicial decisions. (Para 5 , 6) |
| 4. constitutional principles regarding health and dignity in relation to government policies. (Para 7 , 8) |
JUDGMENT
K. V. JAYAKUMAR, J.
1.Impugning the order of the Central Administrative Tribunal in O.A.No.959/2019 dated 05.08.2022, Union of India and its officers 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 respondent/applicant, a retired Sub Postmaster of Kozhikode division of Department of Posts had superannuated from service on 31.05.2005. Since the respondent/applicant staying in an area in Kozhikode, which is not directly covered by the Central Government Health Services (CGHS),
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