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2012 Supreme(Online)(SC) 113

SUPREME COURT
Swatanter Kumar, J
Secretary Ministry of Health and Family Welfare Government of Maharashtra v. S. C. Malte and Others


Table of Content
1. court disagrees with judgment of lower court. (Para 2 , 19)
2. statutory provisions for medical facilities for retired judges. (Para 3 , 4 , 5 , 6)
3. variability of medical benefits among states. (Para 7 , 8 , 11)
4. judicial independence affected by unequal medical provisions. (Para 20 , 21 , 22 , 24 , 25)
5. court's directive for uniformity in medical benefits. (Para 40 , 41)

1.Leave granted.

3. The facts very briefly are that S.23D of the High Court Judges (Salaries and Conditions of Service) Act, 1954 (for short “the Act”) provides for medical facilities for retired Judges. Sub-section (1) of S.23D provides that every retired Judge shall be entitled for himself and his family to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Services, Class - I and his family, are entitled under any rules and orders of the Central Government for the time being in force. A retired officer of the Central Civil Services, Class - I and his family are entitled to medical facilities under the Central Government Health Scheme (for short “the CHGS Scheme”). Justice S.C. Malte and four other retired Judges who after re













































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