Central Administrative Tribunal - Kolkata
Shobha Chowdhury vs Health And Family Welfare on 5 May, 2022
~ we 1 0.a. 639 of 2022 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH Co Bae KOLKATA jos oo OA. 639/2022 (Kolkata) . Date of order: 05.05.2022 Present 'Hon'ble Ms. Bidisha Banerjee, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member Smt. Shobha Chowdhury daughter of Late Tek Ram W/o Amitava Chowdhury, aged about 63 years, worked as Head Clerk, Group- C, Andaman & Nicobar Administration (UT), A&N Islands, Port Blair, Department of Civil Supplies & Consumers Affairs, Since retired voluntarily on 01.12.2013 (VR), residing at P-317, Dum Dum Park, Kolkata- 700055, (Mob)- 9433253396, Gmail- [email protected]. vveeeeeeee Applicant. -versus-_ 1. Union of India, service through the Secretary, Ministry of Health & Family Welfare, Nirman Bhavan, New Delhi- 110011. 2. The Director General, Central Government Health Scheme, Nirman Bhavan, New Delhi- 110011. 3. The Under Secretary to the Government of India, Ministry of Health & Family Welfare, Nirman Bhavan, New Delhi- 110108. - 4. The Additional Director (CGHS), Central Govt. Health Scheme, 6, Esplanade East (Ground Floor), Chowringhee East,Bow Barracks, Kolkata- 700069. 5. The Lieutenant Governor, Andaman & Nicobar Islands, Port Blair- 744101. weer RESPONCEntS., For the Applicant . : Mr. Arpa Chakraborty, Counsel For the Respondents : Mr. S. Paul, Counsel 2 0.4. 639 of 2022 ORDER (Oral)
Per Ms. Bidisha Banerjee, JM:
Heard learned counsel for both sides.
2, This application has been filed to seek the following reliefs:
. "(a) An order directing the respondents to grant the benefits of CGHS facilities to the applicants who is similarly placed with the applicants in OA, 680/2017, 140/2021 before the Ernakulam Bench of this Hon'ble Tribunal on that count with grant of all consequential benefits at an earliest as this Hon'ble Tribunal may seem fit and proper.
(b) To declare that Pensioners of U.T of A&N Administration are entitled for CGHS facilities, like any other Central Government Pensioners.
(c) An order directing the respondent authority to pass an order that in the instant OA being pensioner of A&N Administration on settlement after retirement in West Bengal in CGHS facilities on payment of prescribed fee, as is their rightful entitlement. '
(d) An order directing the respondents to issue CGHS Cards to all those pensioner of A&N Administration including the applicant who seeks the CGHS facilities on payment of required fee.
(e) An order directing the respondents to produce/cause production of all relevant records.
(f) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper."
3. Ld. Counsel for applicant submits that the applicant who retired from service as Head Clerk, Department of Civil Supplies & Customers Affairs from the A&N Administration, would be entitled to get CGHS Card and the same facilities as accorded to one retired person in OA. 680/2017, 140/2021 before the Ernakulam Bench of this Hon'ble Tribunal.
4. Ld. Counsel for applicant submitted that he would be satisfied if a direction is given to the respondent authorities to consider the representation (as annexed at Annexure A-4 to the OA) regarding extending CGHS facility to a pensioner of A&N Administration who was never granted a CGHS card during her service period.
3 0.3. 639 of 20232
5. Ld. Counsel for respondents would allege that the decision of Ernakulam Bench does not apply to the present applicant since in the said matter, _the applicant was already governed by CGHS facilities, which when withdrawn was. later on restored, whereas in the present case the applicant was never governed :
by any CGHS facilities and that she had never applied for CGHS benefits.
6. La. Counsel for applicant also submit that the applicant was entitled to avail benefits under CGHS but there was no need to ask for medical facilities under . CGHS since the applicant, while in service in the islands, was entitled to medical facilities free of cost and there is nothing which can prevent her from availing benefits under CGHS after her retirement, if she was entitled to during her service period,
7. Therefore, In the fitness of things the respondents' are directed to oN consider the representation of the applicant in the light of the decision of "?
Ernakulam Bench in OA. 680/2017, 140/2021 within a period of 3 months from the date of receipt of a copy of this order.
8. Thus, the OA would stand disposed of. No casts. . os a a (Nandita Chatterjee) ({Bidisha Banerjee) Member (4} Member {J} od