Rajasthan High Court - Jaipur
National Institute Of Ayurveda Through ... vs Rama Avtar Sharma S/O Moti Lal Sharma on 21 May, 2019
Bench: Mohammad Rafiq, Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 24046/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1. Radhey Shyam Mathur S/o Nandlal Mathur, aged about 65
years, R/o. 384-Devi nagar, New Sanganer Road, Sodala, Jaipur
presently retired as Associated Professor from the National
Institute of Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
...Respondent
2. Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
......Performa Respondent
Connected With
D.B. Civil Writ Petition No. 24047/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.M. Dinker Sharma S/o Shri M.L.N. Sastri, aged about 61 years,
R/o 61/67, Pratap Nagar, Seopur Road, Jaipur, presently retired as
Professor from the National Institute of Ayurveda, Madhav Vilas,
Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24063/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Naresh Kumar Khemani S/o Shri H.c. Khemani, aged about 61
years, R/o 406-A, Adarsh Nagar, Jaipur presently retired as
Professor from the National Institute of Ayurveda, Madhav Vilas,
Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
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D.B. Civil Writ Petition No. 24064/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Rajendra Prasad Sharma S/o Shri Chagan Lal Sharma, aged
about 61 years, R/o Pl. No.33, Bhawani Niketan Colony, Kamani
Road, Jhotwara, Jaipur=12 presently retd. As Deputy Director from
the National Institute of Ayurveda, Madhav Vilas, Amer Road,
Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24065/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Satyendra Mohan Tiwari S/o Shri Madan Lal Tiwari, aged about
65 years, R/o H.No. 1679, Baba Harish Chandra Marg, Chandpole,
Jaipur-01 presently retired as UDC from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24066/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Santosh Kumar Mishra S/o Shri Ram gopal Mishra, aged about
69 years, R/o H.No.720-721, Street of Bakshi Hemraj, Girdhar
Sharma Road, Pan Ka Dariba, Subash Chowk, Jaipur 02, present
retired as Associate Professor from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
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D.B. Civil Writ Petition No. 24067/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Beni Prasad Sharma S/o Shri Shankar Lal Sharma, aged about
66 years, R/o A-2, Nandanam Tilak Marg, C-Scheme, Jaipur,
presently retired as M.A. from the National Institute of Ayurveda,
Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24068/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Vinod Kumar Gotecha S/o Shri Bhanwar Lal Gotecha, aged about
61 years, R/o Plot No.77, Braghu Marg, Bani Park, Jaipur-16,
presently retired as Associate Professor from the National Institute
of Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24069/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Lok Nath Sharma S/o Badri Narayan Sharma, aged about 65
years, R/o E-123, Bank Colony, Murlipura Scheme, Jaipur-13
presently retired as Professor from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
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D.B. Civil Writ Petition No. 24070/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Girdhari Lal Sharma S/o Shri Bhaunir Lal Sharma, aged about 75
years, R/o 1140/6, Galta Walon Ki Bagichi, Ganga Pole, Jaipur-2,
presently retired as Admin. Officer from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24071/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Moti Rai S/o Shri Raja Ram, aged about 64 years, R/o B-11,
Sona Apartment, Govind Marg, Baraf Khana, Adarsh Nagar, Jaipu-
04, presently retired as Associate Professor from the National
Institute of Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24072/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Sita Ram Sharma S/o Shri Suraj Narain Sharma, aged about 63
years, R/o 152/36, Shipra Path, Agrawal Farm, Mansarowar, Jaipur-
22, presently retired as M.A. from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24172/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
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Versus
1.Narayan Singh Chudawat S/o Shri Samral Singh, aged about 62
years, R/o 85, Laxmi Nagar, Magodi Walon Ki Bagichi, Brahmpuri
Road, Jaipur, presently retired as Professor from the National
Institute of Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24173/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Durga Lal Sharma S/o Shri Ladu Ram Sharma, aged about 68
years, R/o H.No.10, Shankar Nagar Ext., Jai Durga School Road,
Kagdi Bada, presently retd. As L.A. from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24174/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Shri Krishna Sharma S/o Late Shri Ram Chandra Sharma, aged
about 61 years, R/o B-44, Siddarth Nagar, Jaipur 302017,
presently retired as Associate Professor from the National Institute
of Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24175/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Mohan Shankar Dasora S/o Durlabh Ram Dashora, aged about
65 years, R/o C-97, Jagan Path, Chomu House, Jaipur-01,
presently retired as Associate Professor from the National Institute
of Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
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----Respondentr
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24176/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Rama Avtar Sharma S/o Moti Lal Sharma, aged about 67 years,
R/o H.No.38, Krishna Nagar, Brahmpuri Road, Jaipur presently
retired as X-Ray Technician from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24177/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Shambu Prakash Sharma S/o Shri Sunder Lal Sharma, aged
about 78 years, R/o 159-Mangla Marg, Brahmpuri, Jaipur,
presently retd. as O.A. from the National Institute of Ayurveda,
Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24178/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitionerr
Versus
1.Hemant Kumar Kushwah S/o Shri Mohan Lal Kushwah, aged
about 63 years, R/o 81/100, Nil Giri Marg, Mansarowar, Jaipur,
presently retired as Professor from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
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D.B. Civil Writ Petition No. 24179/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Om Prakash Sharma S/o Shri Kalyan Prasad Sharma, aged about
63 years, R/o D-45, Sidhart Nagar, Gaitor Nagar Bypass, Jaipur-17,
presently retired as Associate Professor from the National Institute
of Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24180/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitionerr
Versus
1.Banwari Lal Mishra s/o Shri Ram Sahay Mishra, aged about 78
years, R/o Pl. No.1, Near Madhav Vilas, Brahampuri Road, Jaipur,
present retired as Professor from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24181/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Shyam Sunder Sharma S/o Shri Kali Charan Sharma, aged about
69 years, R/o 7-Ekta Vihar, Govind Nagar West, Amer Road, Jaipur,
presently retd. As Professor from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24182/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
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Versus
1.Chandan Mal Jain s/o Shri Heera Lal Jain, aged about 61 years,
R/o 93, Vidhyut Nagar-B, Ajmer road, Jaipur, retired as Professor
from the National Institute of Ayurveda, Madhav Vilas, Amer Road,
Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24183/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Ganga Ram S/o Shri Gopal Lal Meena, aged about 70 years, R/o
Pl. No.179, Shankar Nagar, Choudhary Colony, Jaipur, presently
retired as L.A. from the National Institute of Ayurveda, Madhav
Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
D.B. Civil Writ Petition No. 24184/2018
National Institute of Ayurveda through its Director, Madhav Vilas
Palace, Amer Road, Jaipur, now represented by J.P. Sharma,
Deputy Director (Admn.), resident of Sanganer, Jaipur.
----Petitioner
Versus
1.Shri Krishan Sharma S/o Shri Laxminarayan Sharma, aged about
70 years, R/o 103, Park Street, Govind Naga East, Amer Road,
Jaipur, presently retd. As Professor from the National Institute of
Ayurveda, Madhav Vilas, Amer Road, Jaipur-2.
----Respondent
2.Union of India through the Secretary to the Govt. of India,
Ministry of AYUSH, B-Block, GPO Complex, INA, New Delhi.
----Performa Respondent
For Petitioner(s) : Mr. Anurag Agarwal.
For Respondent(s) : Mr. P.N. Jatti, Ms. A.B. Jatti and Mr.
B.K. Jatti.
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
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21/05/2019
(Per Hon'ble Mr. Justice Mohammad Rafiq)
Since all these writ petitions arise out of common
judgment, they were heard together and are being decided by this
common judgment.
All these writ petitions seek to challenge common
judgment dated 24.08.2018 passed by the Central Administrative
Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal') whereby
original applications filed by the respondents-applicants have been
allowed and the petitioner-National Institute of Ayurveda, Jaipur has
been directed to allow Fixed Medical Allowance @ Rs. 100/- per
month to the respondents-applicants in terms of the Government's
Resolution dated 30.09.1997 and Office Memorandum dated
19.12.1997, with the arrears, from the date of filing of the original
applications.
For the purpose of convenience, D. B. Civil Writ Petition
No. 24046/2018, National Institute of Ayurveda Vs. Radhey Shyam
Mathur is taken as leading case and facts of that case are being
taken as the basis to decide present matters.
Respondent No. 1-Radhey Shyam Mathur filed an Original
Application before the Tribunal inter alia claiming Fixed Medical
Allowance @ Rs. 100/- per month as per the aforementioned
Resolution dated 30.09.1997 and Office Memorandum dated
19.12.1997 and reimbursement for the indoor treatment.
Respondent No. 1 retired as the employee of the National Institute of
Ayurveda. The services rendered by him have been treated as the
services of the Central Government employees. The Government of
India vide order No. 27011/1/182-ISM dated 25.08.1983 approved
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the introduction and implementation of pension-cum-GPF-cum-
Death-cum-Retirement Gratuity Scheme including family pension, as
contained in Central Civil Services (Pension) Rules, 1972 (for short
'the Rules of 1972'), as amended from time to time. This order
came into force w.e.f. 01.04.1983. The order was issued with
concurrence of the Finance Division vide Dy. NO. 1485-Finance II
dated 23.04.1983. The Government of India by its resolution
sanctioned Fixed Medical Allowance to Central Government
Pensioners, who were drawing pension as per the Rules of 1972 and
were not covered by CGHS or any other corresponding health
scheme. This was allowed as per the GOI P&W Resolution No.
45/86/97-P and G.I. Dept. of Pen. & Pen. Welfare, O.M. No.
45/57/97-P and PW (c) dated 19.12.1997. These orders were
further clarified vide order dated 30.12.1998.
Case of Respondent No. 1 before the Tribunal was that he
at the time of retirement was governed by the Rules of 1972 and
was not covered by CGHS or any other corresponding health
scheme. He was therefore entitled to Fixed Medical Allowance of Rs.
100/- per month. Respondent No. 1 submitted representation to the
petitioner on 28.06.2014. When the petitioner failed to remedy
grievance of Respondent No. 1, he filed Original Application before
the Tribunal. The Tribunal vide order dated 06.01.2015 directed the
Secretary to the Government of India, Ministry of Health and
Welfare, Department of AYUSH, New Delhi to decide his
representation within three months. Respondent No. 1 accordingly
submitted representation on 25.01.2015. This representation was
rejected by the petitioner vide order dated 04.03.2015. Thereafter,
Respondent No. 1 again approached the Tribunal by filing another
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Original Application. The Tribunal by the impugned judgment has
allowed the original application filed by Respondent No. 1 with the
direction, as indicated hereinabove. Hence, this writ petition.
Mr. Anurag Agarwal, learned counsel for the petitioner
submitted that the Tribunal has erred in law in allowing the Original Applications filed by the respondents-applicants even though it has in the same judgment held that the petitioner is an autonomous body and is governed by its own constitution and the rules and regulations promulgated pursuant to the decisions taken by its governing body. The Tribunal erred in law in taking order dated 25.08.1983 on record at the time of arguments without providing copy of thereof to the petitioner-institute. It has further erred in law in allowing the Original Applications on that basis without giving opportunity to the petitioner-institute to rebut the same. The Tribunal totally misinterpreted Note Sheet dated 25.08.1983 and note sheet dated 08.02.2013, according to which the respondents- applicants are not entitled to get the Fixed Medical Allowance. It is argued that the Tribunal has erred in law in relying upon the judgment dated 16.09.2006 rendered by Karnataka High Court in A.B. Colaco S/o Late H.P.G. Colaco Vs. Coffee Board and coming to the conclusion that order dated 04.03.2015 is outcome of total non-application of mind and the same is totally erroneous and perverse. The Tribunal has misinterpreted the words "New Autonomous Body" whereas the word, "New" is used for any additional autonomous body, which is apparent from the order itself. The Tribunal failed to consider that Fixed Medical Allowance @ Rs. 100/- per month and increased amount of medical allowance as per order dated 19.12.1997 is not payable to the respondents-applicants (Downloaded on 29/06/2019 at 02:57:01 AM) (12 of 17) [CW-24046/2018] as the Ministry of AYUSH has already considered and examined the issue in detail, in consultation with CGHS Division; Ministry of Health and Family Welfare; Department of Pension of Pensioner's Welfare; Department of Expenditure. Since as per the existing CGHS Policy, no new Autonomous Bodies are being extended the CGHS facilities. Department of Expenditure has also not concurred the proposal.
Mr. Anurag Agarwal, learned counsel for the petitioner submitted that the Tribunal has failed to consider that the Ministry of Personnel, Public Grievances and Pension (Department of Pension and Pensioners Welfare) vide Office Memorandum No. 45/57/97- P&PW(C) dated 19.12.1997 specifically mentioned that fixed medical allowance @ Rs. 100/- per month is applicable to Central Government Pensioners/Family Pensioners residing in areas not covered by the Central Government Health Scheme. The Tribunal failed to consider that the petitioner-institute is an autonomous body, which runs as per its Service Rules, Memorandum of Association, Bye-Laws, Rules and Regulations. Implementation of any facility having financial implication requires prior approval of the Nodal Ministry of AYUSH and Ministry of Finance and CGHS Division. For implementation of the Medical Allowances to the retired pensioners of the petitioner-institute, the sanction of the Ministry of AYUSH, Department of Expenditure, Ministry of Finance and Government of India is mandatory. The proposal with regard to the subject matter raised by the respondents-applicants was referred to the Department of Expenditure, Ministry of Finance and the Ministry of Finance vide I.D. 240/E.V./2013 dated 08.02.2013, which has not concurred as the pensioners of the petitioner-institute, are not entitled to CGHS facilities as serving employees of the petitioner- (Downloaded on 29/06/2019 at 02:57:01 AM)
(13 of 17) [CW-24046/2018] institute. The Tribunal failed to consider that the application filed by Respondent No. 1 is barred by limitation as per the provisions of Section 21 of the Central Administrative Tribunal Act, 1985.
Mr. P.N. Jatti, learned counsel appearing on behalf of the respondents-applicants opposed the writ petitions and supported the judgment passed by the Tribunal.
Perusal of the impugned judgment passed by the Tribunal indicates that the Tribunal in Para 9 of the judgment has noted that the Government of India came out with an order dated 25.08.1983 and introduced a Pension-cum-GPF-cum-Death-cum-Retirement Gratuity Scheme, including Family Pension Scheme as contained in the Rules of 1972 for the employees of the National Institute of Ayurveda, Jaipur. The same scheme was made applicable w.e.f. 01.04.1983. For convenience, Para 9 of the judgment is extracted below:
"9. There is no dispute that the National Institute of Ayurveda is an Autonomous Body and being an Autonomous Body, it is governed by its own constitution and the rules and regulations promulgated pursuant to the decisions taken by its governing body. However, the fact remains that the Government of India came out with an order dated 25.08.1983 and introduced a Pension-cum-GPF- cum-Death-cum-Retirement Gratuity Scheme, including Family Pension Scheme as contained in the CCS (Pension) Rules, 1972 for the employees of the National Institute of Ayurveda, Jaipur. The said Scheme was made applicable w.e.f. 01.04.1983. A perusal of the Scheme reveals that the same shall be financed out of pension fund to be credited from the fund already available with the Institute on account of employees' contribution to CPF together with interest that may accrue on investment of such funds and other internal revenues of the Institute, and no additional grants for augmenting the Pension Fund will be released by the Government of India. While following the said order dated 25.08.1983 issued by the Government of India, the applicants in all these Original Applications were retired by the National Institute of Ayurveda under CCS (Pension) Rules, 1972. Yet another admitted fact that the (Downloaded on 29/06/2019 at 02:57:01 AM) (14 of 17) [CW-24046/2018] serving employees of the National Institute of Ayurveda are not entitled to the CGHS facilities also cannot be ignored. As per the document Annexure R-2 placed on record by Respondent No.1 along with the reply, serving employees of the Institute are covered under CS (MA) Rules, 1944. The said document further divulges that the Fixed Medical Allowance cannot be made applicable to the pensioners of the Institute and the same is applicable to other retired Central Government officials. It appears that non entitlement of the Fixed Medical Allowance to a retiree of the National Institute of Ayurveda is laid down by the respondents while viewing the provisions of Note 2
(iv) sub Rule (2) of Rule 1 of the Central Services (Medical Attendance) Rules, 1944, which makes a provision for non-applicability of the said rules upon the retired Government officials. Whereas, the said Note has already been held to be unconstitutional by the Hon'ble High Court of Karnataka in the case of A.B. Colaco S/o Late H.P.D. Colaco vs. Coffeed Board (supra). Thus, in our considered view, the retirees of the National Institute of Ayurveda, Jaipur cannot be held to be disentitled to Fixed Medical Allowance as admittedly the CS (MA) Rules, 1944 are applicable upon the serving employees of the said Institute and the provision as contained in Note 2 (iv) sub Rule (2) of Rule 1 of the said Rules disentitling the retirees from the protection of said Rules has already been held to be unconstitutional by the Hon'ble High Court of Karnataka in the case of A.B. Colaco (supra). A perusal of the Government's Resolution dated 30.09.1997 (Annexure A/2) reveals that after the recommendations of the 5th Pay Commission, the pensioners residing in an area not covered by CGHS are entitled to Fixed Medical Allowance @ Rs.100/-
per month for their day to day medical expenses. Since the applicants in all these Original Applications are not covered by CGHS Scheme, therefore, we hold that they are entitled to get Fixed Medical Allowance @ Rs.100/- per month in terms of Resolution dated 30.09.1997. It also requires to be noticed here that as per the Office Memorandum dated 19.12.1997 issued by the Government of India, the payment of Medical Allowance is now counted for as a part of sub-head under 'Pension and other Retirement Benefits'. This Tribunal while disposing of Original Application No.14/2015 had issued a direction to the Secretary to Government of India, Ministry of Health and Family Welfare to consider the applicants representations and pass a reasoned and speaking order in accordance with the provisions of law. A perusal of the order dated 04.03.2015 (Annexure A/1) passed by the respondents pursuant to the direction issued by this (Downloaded on 29/06/2019 at 02:57:01 AM) (15 of 17) [CW-24046/2018] Tribunal clearly reveals that the same is the outcome of total non application of mind as while passing the said order, reliance has been placed on the existing CGHS policy laying down therein that no new Autonomous Body can be extended CGHS facilities. It is not understandable that how the National Institute of Ayurveda, Jaipur, which is admittedly decades old an Institution, has been termed as new Autonomous Body in terms of CGHS policy disentitling the retirees from the Fixed Medical Allowance."
Upon examining the afore-extracted para 9 of the impugned judgment, it would be evident that the Tribunal noted that as per Annexure-R/2 dated 08.02.2013, scheme of the Fixed Medical Allowance was made applicable to Government servants residing in an area not covered by CGHS. Since serving employees of the petitioner-Institute are not entitled to CGHS facilities. As per order dated 08.02.2013, when serving employees of the petitioner- Institute are covered under CS(MA) Rules, 1994. The order further divulges that the Fixed Medical Allowance cannot be made applicable to the pensioners of the petitioner-Institute. But the Tribunal noted that the said note has already been held to be unconstitutional by the Karnataka High Court in A.B. Colaco S/o Late H.P.G. Colaco Vs. Coffee Board (supra). The Tribunal therefore held that since the aforesaid note has already been declared unconstitutional by the Karnataka High Court, retired employees of the petitioner-institute cannot be held disentitled to Fixed Medical Allowance. The provisions as contained in Note 2(iv) sub Rule (2) of Rule 1 of the Central Services (Medical Attendance) Rules, 1994, as it stood originally, provided for non-applicability of the said rules upon the retired government officials. This rule was subjected to challenge before the Karnataka High Court in A.B. Colaco S/o Late H.P.G. Colaco (Downloaded on 29/06/2019 at 02:57:01 AM) (16 of 17) [CW-24046/2018] Vs. Coffee Board (supra) and the same has been declared unconstitutional in the following terms:
"7. In the result, the petition is allowed. The impugned Annexures "C" and "D" are quashed. Note 2(iv) sub-Rule (2) of Rule 1 of the Central Services (Medical Attendance) Rules, 1944 is held unconstitutional, invalid and unenforceable against the petitioner. The petitioner is entitled to Post- retirement Medical reimbursement/facility or medical allowance both towards hospitalisation and non-hospitalisation expenses from respondents Nos. 1 to 4 under the Central Services (Medical Attendance) Rules, 1944 as applicable to him while in service."
In view of above, the impediment for not extending the benefit of Fixed Medical Allowance to the respondents-applicants has ceased to exist. The Tribunal also noted that the Government's Resolution dated 30.09.1997 reveals that after the recommendations of the 5th Pay Commission, the pensioners residing in an area not covered by CGHS are entitled to Fixed Medical Allowance @ Rs. 100/- per month for their day to day medical expenses. Since, the respondents-applicants herein are not covered by CGHS Scheme, therefore, they are entitled to get Fixed Medical Allowance @ Rs. 100/- per month in terms of Resolution dated 30.09.1997. View of the Tribunal also gets strengthened from Office Memorandum dated 19.12.1997, according to which the payment of Medical Allowance is now counted for as a part of sub-head under 'Pension and other Retirement Benefits'. It was in this view of the matter that the Tribunal held that order rejecting representation of the respondents- applicants by the petitioner-institute was result of non-application of mind as it was based on existing CGHS Policy laying down therein that no new Autonomous Body can be extended CGHS facilities. The Tribunal further held that it is not understandable that how the National Institute of Ayurveda, Jaipur which is admittedly decades (Downloaded on 29/06/2019 at 02:57:01 AM) (17 of 17) [CW-24046/2018] old institution, has been termed as new Autonomous Body in terms of CGHS policy disentitling the retirees from the Fixed Medical Allowance.
We are not persuaded to take a different view than the one taken by the Tribunal. In view of above, we do not find any good reason to interfere with the view taken by the Tribunal. There is no merit in these writ petitions and the same are accordingly dismissed.
All the stay applications and pending applications, if any, are also dismissed.
Office is directed to place a copy of this judgment on record of each connected writ petition.
(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J Manoj Narwani/ (Downloaded on 29/06/2019 at 02:57:01 AM) Powered by TCPDF (www.tcpdf.org)