Central Administrative Tribunal - Jaipur
Shyam Lal Sharma vs Cghs on 28 February, 2025
1
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
OA No. 488/2022 with MA No. 300/2023,
OA No. 489/2022 with MA No. 299/2023,
OA No. 490/2022 with MA No. 298/2023,
OA No. 491/2022 with MA No. 297/2023,
OA No. 551/2022 with MA No. 289/2023,
OA No. 552/2022 with MA No. 288/2023,
OA No. 553/2022 with MA No. 287/2023,
OA No. 554/2022 with MA No. 286/2023,
OA No. 555/2022 with MA No. 285/2023,
OA No. 556/2022 with MA No. 284/2023,
OA No. 557/2022 with MA No. 283/2023,
OA No. 558/2022 with MA No. 282/2023,
OA No. 559/2022 with MA No. 281/2023,
OA No. 560/2022 with MA No. 280/2023,
OA No. 561/2022 with MA No. 296/2023,
OA No. 562/2022 with MA No. 295/2023,
OA No. 563/2022 with MA No. 294/2023,
OA No. 564/2022 with MA No. 293/2023,
OA No. 565/2022 with MA No. 292/2023,
OA No. 566/2022 with MA No. 291/2023,
OA No. 567/2022 with MA No. 290/2023,
OA No. 568/2022 with MA No. 279/2023,
OA No. 569/2022 with MA No. 278/2023,
OA No. 312/2023
&
OA No. 315/2023
DATE OF ORDER: 28.02.2025
CORAM
HON'BLE MS. RANJANA SHAHI, JUDICIAL MEMBER
HON'BLE MR. LOK RANJAN, ADMINISTRATIVE MEMBER
OA No. 488/2022
Hanuman Sahai S/o Shri Radha Kishan, Aged about 70
years, R/o Village Khijuria Post Jhadla, Via Madhorajpura
Tehsil Phagi, District Jaipur. Presently retired from the post
of Postman O/o Sr. Supdt. RMS, JP Division, Jaipur, Group
C. Mob. No. 8003703288, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Nirman Bhavan, New Delhi-110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 489/2022
Roshan Lal Gurjar S/o Shri Chuttan Lal, Aged about 61
years, R/o 169, Tara Nagar-A, Khirni Fatak, Ganga Path,
Jhotwara, District Jaipur. Presently retired from the post
Postman O/o Sr. Supdt. of Post Offices, City Div., Jaipur.
Mob. No. 9414949579, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Nirman Bhavan, New Delhi-110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 490/2022
Harish Chandra Sharma S/o Shri Bal Chandra Sharma,
Aged about 73 years, R/o 100, Bahri Ka Mohalla, Baidh Ji
Ka Was, Village Vatika, Watika, Jaipur. Presently retired
from the post Postman O/o Sr. Superintendent of Post
Offices, City Dn. Jaipur. Mob. No. 889059691, Email:
[email protected] , Group C.
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Nirman Bhavan, New Delhi-110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Manu Bhargava, counsel for respondents.
OA No. 491/2022
Kamlesh Kumar Sharma S/o Shri Sita Ram Sharma, Aged
about 61 years, R/o 105-B, Ranapratap Nagar, Jhotwara,
Jaipur. Presently retired from the post of Postman, O/o Sr.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
Supdt., RMS, JP Division, Jaipur, Group C. Mob. No.
8003703288, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Nirman Bhavan, New Delhi-110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Manu Bhargava, counsel for respondents.
OA No. 551/2022
Rajendra Singh s/o Shri Bhanwar Singh, aged about 62
years, r/o 123 Rajput Colony, Durgapura, Jaipur. Presently
retired from the post of M.T.S. o/o Sr. Superintendent of
Post Offices, City Div., Jaipur on 31/10/2020, Group-D,
Mob. No. 9468786242, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 552/2022
Dhanesh Chand Sharma s/o shri Kundan Lal Sharma, aged
about 62 years, r/o 101-B, Raghunathpuri 2 Extn, Airport
Sanganer, Jaipur. Presently retired from the post of Post
Man o/o Sr. Superintendent of Post Offices, City Div., Jaipur
on 30/6/2020.
Mob. No. 9468786242, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
6
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Devrat Singh, counsel for respondents.
OA No. 553/2022
Satish Chandra Yadav s/o shri Ram Pratap Yadav, aged
about 61 years, r/o 50, Barodiya Basti, Arvind Nagar, Near
Railway Station, Jaipur. Presently retired from the post of
PA o/o Sr. Supdt. Post Offices, City Division, Jaipur on
31/3/2021 Group-B.
Mob. No. 9468786242, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Dinesh Pathak, counsel for respondents.
7
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
OA No. 554/2022
Ashok Kumar s/o Shri Kushal Chand, aged about 60 years
r/o 120 Shyampuri, Heeda Ki Mori, Ramganj Bazar, Jaipur.
Presently retired from the post of MTS, Superintendent
P.S.D. Jaipur. Group-D.
Mob. No. 9468786242, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Dinesh Pathak, counsel for respondents.
OA No. 555/2022
Bheru Ram Sikligar s/o shri Ram Ji Dass, aged about 62
years, r/o Bara Bazar, Near Murlidhar Temple, PO-Sambhar
Lake, Jaipur. Presently retired from the post of Sorting
Assistant o/o Sr. Supdt. R.M.S. JP Div., Jaipur on
31/7/2021 Group-C,
Mob. No. 9468786242, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Dinesh Pathak, counsel for respondents.
OA No. 556/2022
Madan Lal Kumhar s/o shri Nand Lal Kumhar, aged about
76 years r/o Ward No. 8, Kumawato Ka Mohalla, Sikar
Rajasthan, Presently retired from the post of Postman o/o
Superintendent Post Offices, Sikar Division, Sikar. Group-
C.
Mob. No. 9929528528, Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Abhishek Sharma, counsel for respondents.
OA No. 557/2022
Banwari Lal Kumhar s/o shri Govind Ram, aged about 65
years, r/o Behind City Dispensary No. 2, Tilak Nagar, Gali
No. 4, Sikar, Rajasthan, presently retired from the post of
Sr. PM o/o Postmaster General, Ajmer on 31/7/2017.
Group-B.
Mob. No. 9413480906 Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Abhishek Sharma, counsel for respondents.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
OA No. 558/2022
Rajkumar Sharma s/o Banwari Lal Sharma, aged about 62
years r/o 113-D, Mangal Nagar, Sirsi Road, Panchyawala,
Jaipur. Presently retired from the post of Postmaster,
Superintendent of Post Offices, Jaipur Mofussil Div., Jaipur.
Group-B.
Mob. No. 9414108993 Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Manu Bhargava, counsel for respondents.
OA No. 559/2022
Ashok Kumar Sharma s/o Shri Matadeen Mishra, aged
about 60 years r/o Near P.No. 186, Maruti Nagar, Airport
Road, Sanganer, Jaipur. Presently retired from the post of
Postman, Department of Posts, Rajasthan Circle, Jaipur.
Group-C.
Mob. No. 9468786242 Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Abhishek Sharma, counsel for respondents.
OA No. 560/2022
Girdhari Lal Dabla s/o shri Ramnath Dabla, aged about 62
years, r/o P.No. 90, Santosh Nagar, Ajmer Road, Jaipur.
Presently retired from the post of Sub Postmaster o/o Sr.
Superintendent Post Offices, City Dv., Jaipur on 31/5/2020.
Group-B.
Mob. No. 9468786242 Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Devrat Singh, counsel for respondents.
OA No. 561/2022
Suraj Mal Bunkar s/o Shri Ganesh Ram Bunkar, aged about
68 years, r/o VPO Sirsali, Tehsil Amer, Jaipur, Rajasthan.
Presently retired from the post of Sr. Auditor o/o Director P
& T Audit Office Jaipur on 31/3/2014. Group-C.
Mob. No. 9468786242 Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Deepanshu Sharma, counsel for respondents.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
OA No. 562/2022
Mohd. Idris Ansari s/o shri Mohd Ilyas Ansari, aged about
62 vyears, r/o 176, Rai Colony, New Govt. School,
Hasanpura-C, Jaipur. Presently retired from the post of
Office Superintendent, o/o CPMG, Rajasthan on 31/5/2021.
Group-B.
Mob. No. 9468786242 Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Deepanshu Sharma, counsel for respondents.
OA No. 563/2022
Gauri Shankar s/o shri Gulla Ram, aged about 62 years, r/o
P. No. 32, Ganesh Vihar, Bear Road, Jaipur. Presently
retired from the post of Superintendent Post Offices o/o
CPMG Rajasthan on 30/6/2020. Group-B.
Mob. No. 9468786242 Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Deepanshu Sharma, counsel for respondents.
OA No. 564/2022
Daulat Singh Bhati s/o Late shri Sohan Singh Bhati, aged
about 61 years, r/o A-47, Chandra Vatika, Near Rangoli
Garden, Gandhi Path, Jaipur. Presently retired on
31/12/2020 from the post of Section Supervisor, O/o Chief
Post Master General, Rajasthan Circle, Jaipur. Group B.
Mob. 9929528528
Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Ashish Dadhich, counsel for respondents.
OA No. 565/2022
Dharamveer Singh s/o Ram Lal, aged about 62 years r/o
Behind Central School, Jeet Nagar, Ward No. 4, Jhunjhunu
Rajasthan. Presently retired from the post of Postal
Assistant, o/o Superintendent of Post Offices, Jhunjhunu
Division, Jhunjhunu on 30/6/2021. Group C. Mob. No.
9461155224
Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Ashish Dadhich, counsel for respondents.
OA No. 566/2022
Shyam Lal Sharma s/o shri Nanu ram, aged about 64 years
r/o Near HP Gas Godown, Ward No. 52, Fatehpur
Shekhawati, Rajasthan. Presently retired from the post of
APM o/o Superintendent Post Offices, Sikar Division, Sikar
HO.
Group-B. Mob. No. 9929528528
Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Ashish Dadhich, counsel for respondents.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
OA No. 567/2022
Bhanwar Lal Mahabrahman s/o Shri Ram Lal Mahabrahman,
aged about 62 years, r/o Matrachhaya, Gayatri Nagar,
Vande Matram Chowk, Radha Kishanpura, Sikar, Rajasthan.
Presently retired from the post of APM o/o Superintendent
Post Offices, Sikar Division, Sikar. Group-B Mob. No.
9929528528.
Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri Devrat Singh, counsel for respondents.
OA No. 568/2022
Faiz Mohmed s/o Umrav Khan, aged about 62 years r/o 53,
Uday Nagar, Jhotwara, Jaipur Rajasthan. Presently retired
from the post of Postman, Department of Post, Rajasthan
Circle, Jaipur. Group-C. Mob. No. 9461155224,
Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri R.P. Singh, proxy counsel for
Shri Neeraj Batra, counsel for respondents.
OA No. 569/2022
Ram Charan Sharma s/o shri Gyarsi Lal ji, aged about 61
yrs r/o 34, Vrindavan Vihar, Nandmahal, Agra Road,
Jamdoli, Jaipur. Presently retired from the post of M.T.S.
o/o CPMG Rajasthan on 30/4/2021. Group-D Mob. No.
9462822973.
Email: [email protected]
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri R.P. Singh, proxy counsel for
Shri Neeraj Batra, counsel for respondents.
OA No. 312/2023
Bharat Kumar Sharma s/o shri Nanagram Sharma, aged
about 63 years, r/o 312/368, Sector-3, Pratap Nagar,
Sanganer, Jaipur. Presently retired from the post of
Postman, O/o Sr. Supdt. of Post Offices, City Div., Jaipur.
Group C.
Mob. No. 9982913918, Email: [email protected]
Sub: - Medical Facilities
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022,
OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022,
OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023
OA No. 315/2023
Suresh Kumar Meena s/o shri G R Meena, aged about 62
years, r/o A-29, Shiv Shakti Nagar, Jagatpura Road, Jaipur.
Presently retired from the post of Supervisor, O/o AG Audit
Rajasthan, Jaipur. Group B.
Mob. No. 7877086682, Email: [email protected]
Sub: - Medical Facilities
..... Applicant
Shri B.K. Jatti, counsel for the applicant
Versus
1. Union of India represented by the Secretary, Ministry
of Health and Family Welfare (Department of Health),
Government of India Nirman Bhavan, New Delhi-
110001.
2. The Additional Secretary and Director General, Central
Government Health Services, Nirman Bhawan,
Maulana Azad Road, New Delhi-110001.
3. The Director of Central Government Health Services,
Nirman Bhawan, Maulana Azad Road, New Delhi-
110001.
4. Additional Director (HQ), Central Government Health
Services, Kendriya Seva Sadan, Vidhyadhar Nagar,
Jaipur-302039.
..... Respondents
Shri N.C. Goyal, counsel for respondents.
ORDER (Oral)
Per: RANJANA SHAHI, JUDICIAL MEMBER At the request of learned counsels for the parties, OA No. 488/2022, OA No. 489/2022, OA No. 490/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No. 560/2022, OA No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022, OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 and OA No. 315/2023 are taken up together for disposal as common question of law and facts is involved in the aforesaid matters/OAs.
2. For the sake of convenience, brief facts of OA No. 488/2022 (Hanuman Sahai vs. UOI & Ors.) are taken up. The present OA, (OA No. 488/2022), has been filed by the applicant against the impugned notice dated 22.08.2022 (Annexure A/1) issued by the Additional Director, Central Government Health Scheme, Vidhyadhar Nagar, Jaipur informing the applicant that the validity of the CGHS Card issued to him has ended in the month of November, 2022, as such, the benefit of CGHS will not be available henceforth and in case CGHS benefit is desired to be continued then application may be made for renewal of the CGHS card as per rules. The relief sought for by the applicant in the said OA is as under: -
"8.1 That by a suitable writ/order or the directions the impugned notice dated 22/8/2022 which is in confirmatory be quash and set aside.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 8.2 That by a suitable writ/order or the directions the respondents be directed to allow the applicant to avail the CGHS Facilities in manner of 'Life Membership' as complete amount has already been deposited by the applicant.
8.3 To award costs of this proceedings.
8.4 Any other relief which the Hon'ble Bench deems fit and proper."
3. It is the contention of the applicant that on attaining the age of superannuation, he retired on 31.07.2012 from the post of Postman from the office of Sr. Superintendent, RMS, Jaipur Division, Jaipur. He applied for CGHS facilities and deposited a sum of Rs. 54,000/- for the benefit of 'Lifetime Membership". The CGHS Index Card as well as receipt was issued by the CGHS authorities on 01.12.2021, as such, he was under the impression that he has been issued CGHS card for 'lifetime' but respondent no. 4 issued notice dated 22.08.2022 without affording any opportunity to him and informed him that his medical facilities are going to be terminated by November, 2022. The applicant contends that he made several attempts to enquiry as to why the validity of his CGHS Card would end in November, 2022; whereas he had applied for 'lifetime card' and, accordingly, deposited the membership fee for lifetime but he received no answer. However, later on, when he got in hand a copy of FIR dated 20.09.2022 lodged by Mrs. Meeta OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 Bhasin, Additional Director, CGHS, Vidhyadhar Nagar, Jaipur in Vidhyadhar Police Station under Section 420, 409, 467, 468, 471 and 120-B of IPC against one of its employees, he came to know of the reason behind termination of his CGHS Card. It was stated in the FIR that on preliminary inquiry conducted at the office level, it has come to notice that as per rules, the CGHS card is to be issued after receiving requisite CGHS Card fee and depositing the same in the Bharat Kosh but as many as 140 such CGHS cards have been identified, which have been issued fraudulently without depositing the same in the Bharat Kosh. In the FIR, one office employee named Shambhu working on the post of JHAA and certain other employees were accused for embezzlement of Government money, which was estimated to be more than one Crore. In the FIR, it was also mentioned that on investigation, it has been confirmed from the CGHS card holders that they had deposited the requisite fee but the same was not found to have been deposited in Bharat Kosh and CGHS cards were wrongly issued. It was also mentioned in the FIR that this embezzlement and wrong doing is continuing since 2019, which has affected many people. Based on this FIR, the disciplinary action was taken against Shri Shambhu as well as some of the other employees who colluded with OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 him. The criminal proceedings were also initiated against Shambhu and other employees alleged to be involved with him.
4. The applicant states that the impugned notice dated 22.08.2022 has been passed by the respondents in an arbitrary and discriminatory manner as no opportunity of hearing has been allowed before issuance of the same. The embezzlement has been done by one Shri Shambhu, who was posted against the post of JHHA at CGHS, HQ, Vidhyadhar Nagar, Jaipur. The applicant further states that for the wrongs committed by the employees of the department, an innocent person should not suffer. The respondent no. 4 in an arbitrary manner has issued the notice dated 22.08.2022 and is going to close the medical facilities. The applicant further states that in order to avail such medical facilities for 'Lifetime', he deposited a sum of Rs. 54000/- and received the receipt and medical card, therefore, he cannot be punished for such act which has not been done by him and, thus, the action taken by the respondents is liable to be quashed and set aside.
5. In their reply, the respondents have stated that the notice for termination of the CGHS benefit from the month of November, 2022 was not issued arbitrarily; it was issued OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 after verification of CGHS contribution deposited by the applicant in Bharat Kosh, which was found to be Rs. 5400/- instead of Rs. 54000/-. They have stated that CGHS card with validity for whole life is issued to the pensioner on deposit of 10 years contribution; whereas the applicant deposited CGHS contribution only for one year. The respondents have admitted in their reply that the department had lodged an FIR No. 442/2022 against Shri Shambhu, JHAA (LDC), the Dealing Clerk and custodian of the record of CGHS Cards, who is now in Judicial Custody. The respondents have also stated that as per OM dated 21°% July, 2020 issued by Ministry of Health and Family Welfare, Directorate General of CGHS, New Delhi, the payment of CGHS contribution by Central Government pensioners for making CGHS cards henceforth was to be deposited through Bharatkosh portal and if the applicant instead had paid in cash that too to a person who was not authorized to collect the CGHS contribution then the department is not responsible for the same.
6. Heard both sides and perused the material available on record.
7. After hearing both sides and perusing the record, it emerges that one Shri Shambhu was posted as JHAA (LDC) OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 at CGHS, HQ, Vidhyadhar Nagar, Jaipur. The applicant, who was a retired employee, in order to avoid the inconvenience of depositing the CGHS fee on annual basis, chose to pay lump-sum fee of CGHS Card for 10 years, which amounted to Rs. 54000/-, and as per rules in case a lump-sum fee for 10 years was paid by the applicant for CGHS card then the CGHS card with whole life validity is issued to the pensioner/applicant on deposit of 10 years CGHS contribution. One Shri Shambhu posted as JHAA (LDC) in the office of respondents at CGHS, Vidhyadhar Nagar, Jaipur received the full payment of CGHS fee for 10 years from the applicant for issuance of lifetime CGHS card, which amounted to Rs. 54000/- but instead of depositing the same in Bharat Kosh, he only deposited Rs. 5400/-. When Mrs. Meeta Bhasin, Additional Director, CGHS, Vidhyadhar Nagar, Jaipur, who had authorized access to Bharat Kosh portal checked and reconciled the accounts, she found that instead of Rs. 54000/- only Rs. 5400/- were actually deposited in the Bharat Kosh. Wrong doings was found in case of number of such CGHS cards where though the CGHS card fee for 10 years was collected from the pensioner CGHS card holders but in Bharat Kosh CGHS fee for only one year was deposited. As such, she initiated inquiry and after investigation, the department lodged the OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 FIR against their own employees and also initiated disciplinary proceedings against Shri Shambhu and other employees involved with him.
8. Now the stand of the respondents that the respondent- department is not responsible for the money which was paid by the applicant to their employee and which their employee had not deposited in the Bharat Kosh, is totally unfair. The respondents in their own reply to rejoinder have admitted that the applicant had in fact given an amount of Rs. 54000/- to Shri Shambhu but Shri Shambhu, their own employee had deposited only Rs. 5400/- in Bharat Kosh. The extract of reply to rejoinder in para 2 is reproduced as below: -
"2. xxxxx The applicant given money to Shri Shambhu in his Bank Account. In Bharatkosh Rs. 5400/- only found with mobile Number 7082343640 and email id singhsahil0008gmail.com which belongs to younger brother of Sh. Shambhu and which was transferred into Govt. Account after scrutiny on 22.8.2022. Copy of CGHS Card and Details of family of Sh. Shambhu is enclosed. There was the malafide intention of Sh.
Shambhu. He produced fallacious receipt of Bharatkosh and on the basis of these fallacious receipts and documents the card was issued."
9. The respondents have admitted about lodging of FIR as well as the departmental inquiry against their own employee Shri Shambhu and certain other employees. They have also admitted that there was malafide intention OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022, OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, O No. 569/2022, OA No. 312/2023 and OA No. 315/2023 of Shri Shambhu. We have also perused Index Card (Annexure A/3) issued on 01.12.2021 by the Government of India, Ministry of Health and Family Welfare, Central Government Health Scheme in the name of the applicant/pensioner, Shri Hanuman Sahai; the relevant extract of the Index Card is reproduced as follows: -
""INDEX CARD GOVERNMENT OF INDIA MINISTRY OF HEALTH AND FAMILY WELFARE CENTRAL GOVERNMENT HEALTH SCHEME
1. Card No. / Type : 262854 / Pensioner
2. Name of the Govt Employee : HANUMAN SAHAI
3. Residential Address : VILL-KHIJURIA PO-JHADLA VIA-MADHORAJPURA TEH-
PHAGI DISTT- JAIPUR RAJASTHAN
4. CGHS Wellness Centre : Bajaj Nagar (JA3)
5. Issue date / Valid Upto : 01-12-2021 / Life time
6. Entitlement : General
7. Department Name : Department of Post
8. Family Member Details:
S. No. Beneficiary | Name Date of | Relation Last Modify D Birth Date 1 7506063 HANUMAN 06-07-1952 | Self SAHAI 2 7506066 Manphuli 01-01-1952 | Wife
1. This Slip is valid till issue of Plastic Card and valid for treatment in CGHS empanelled private hospitals also.
2. Please Check the data before leaving the counter.
Payment Details Report S. Bank Demand Draft /| Amount Demand Submitted on No. Bharat Kosh Draft / Reference No. Bharat Kosh Reference Date 1 Bharat | 26112100022888 | Rs. 54000 | 26-11-2021 | 01-12-2021 Kosh Sd/- (on joint photo) Additional Director CGHS, Jaipur® The above mentioned Index Card was generated from their own system and was issued by the respondent- OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 department and after having issued the same, they cannot disown. It is also seen that the CGHS Card was valid upto "Life time". Further, in column no. 2, "Payment Details Report", against the column of Bharat Kosh, amount of Rs. 54000/- with Bharat Kosh Reference No. 26112100022888 dated 26.11.2021 is entered.
10. Any person who approaches the government department and deposits the money and is issued a receipt, would feel assured of the transaction. Now whether that receipt has been issued by certain employees of the department or their system fraudulently, cannot be held against the depositor unless it is the case of the respondents that the depositor is also involved in this fraud but in the present case that is not the stand of the respondent-department. Not only the above mentioned Index Card which acknowledges the payment of Rs.
54000/- in the Bharat Kosh with Reference No. 26112100022888 dated 26.11.2021 and validity as
Lifetime, was generated and issued by the system designed by the respondent-department, but also we have noted that the same has been signed by Ms. Namrata Bhargava, the then Additional Director, CGHS, Jaipur.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 Now the contention of the respondents that Additional Director CGHS is not competent to sign the CGHS Cards cannot be held against the bona fide recipient of Index Card, whether the officer signing the card is competent or not is the internal matter of the department for which they can take action against their erring employee but the outsiders cannot be made to suffer.
11. About the due diligence on the part of the applicant on depositing the money with the employee of the respondent- department, receiving the printed Index Card, acknowledging the payment details report, such as Bharat Kosh Reference No. 26112100022888 dated 26.11.2021 amounting to Rs. 54000/- as well as validity upto "Lifetime" and that too bearing the hand written signature of Ms. Namrata Bhargava, the then Additional Director, CGHS, Jaipur, is sufficient, what else can be expected from an unassuming person who approaches a Govt. office.
Shri Shambhu was not any random employee of the CGHS. The respondents have themselves admitted in para 5.6 of their reply to OA, that the department lodged an FIR against Sh. Shambhu, JHAA (LDC) the Dealing Clerk and the custodian of the record of CGHS Cards. Now the respondents' submission that Sh. Shambhu was OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 not competent to accept the cash and the applicant should have known this, cannot be accepted. The competence of the employee is the internal arrangement / authorization within a department and strangers are not supposed to know the same. In fact, learned counsel for the respondents has also stated that Additional Director, CGHS is not supposed to sign the Index Card. If that is so then it is for the department to investigate the same but the fact in the matter is that Ms. Namrata Bhargava, the then Additional Director, CGHS, Jaipur has signed the Index Card (Annexure A/3). The wrong doings of the employees of the department have to be dealt with by the department at its own level but the outsiders cannot be made victim of the wrong doings of the employees of the department. If we fail the applicant then the faith of the common public dealing with the Government department / depositing money with the Government, will shake. In the eyes of the common man, the Government means trust and commitment, which cannot be allowed to be shaken.
12. Learned counsel for the applicant has relied upon the judgment of the Hon'ble Supreme Court dated 07 February, 2022 passed in the case of Pradeep Kumar and Another vs. Post Master General and Others (Civil Appeal Nos. 8775-8776 of 2016); the relevant extract of OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022, OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, O No. 569/2022, OA No. 312/2023 and OA No. 315/2023 the aforesaid judgment of the Hon'ble Supreme Court dated 07 February, 2022 is reproduced as follows: -
"3. As per the appellants, in the last week of February 2000, they had approached the Post Master, Head Post Office Chowk, Lucknow, with the request to transfer the KVPs to the Chowk Post Office, Lucknow. The appellants were asked to apply with the Chowk Post Office. They were informed that the transfer request would be allowed after due verification of the KVPs and the identity/signatures on the transfer application from the record with the issuing post office. The process, they were forewarned, being time-consuming and cumbersome would require several visits to the post office. The Post Master, Head Post Office Chowk, Lucknow had recommended that they take services of Rukhsana, an agent appointed by the State of Uttar Pradesh and associated with the post office. As per the appellants, they were misled to believe that without the help of an agent like Rukhsana the transfer would not be possible and she would take care of their interest. Rukhsana, during the interaction, had informed the appellants that she had been working and associated with the post office for fifteen years, and being aware of the procedures would get the transfer effected without difficulty. On 03.03.2000, Rukhsana came to the residence of the appellants, and as instructed, the appellants signed the original KVPs on the backside and handed them over to Rukhsana. She also took the Monthly Income Scheme (MIS) passbook stating that it was required to process the transfer. Rukhsana executed a receipt and gave it to the appellants confirming receipt of the KVPs.
XXXXX
5. In June 2000, the appellants learnt that Rukhsana had cheated several investors and had been arrested by the police. Thereupon, the appellants made enquiries and discovered that the KVPs had been encashed from the Yahiyaganj Post Office and Lal Bagh Post Office. A sum of Rs. 25,54,000/- was paid in cash to Rukhsana, who had pocketed the entire amount. The appellants state that their enquiries reveal involvement of M.K. Singh, Sub-Post Master, Post Office, Yahiyaganj, the fourth respondent before us, who, contrary to the rules, had paid the maturity proceeds in cash and not by cheque in the names of the appellants. xxxxx
7. The respondents in the written statement contested the complaint.
They had inter alia pleaded that the appellants, having signed the KVPs in token of receipt of the discharge value, cannot complain. Rukhsana was not an agent appointed by the post office. The contract and understanding were between the appellants and Rukhsana, and the fraud having been committed by Rukhsana in her individual OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022, OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, O No. 569/2022, OA No. 312/2023 and OA No. 315/2023 capacity, the respondents are not vicariously liable. XXXXX"
Dealing with the aforesaid issue, the Hon'ble Supreme Court has held and directed in the aforesaid case, which reads as follows: -
"37. Now, we advert to the second issue as to whether the respondents would be liable for the wrongs and act of M.K. Singh, respondent No. 4, in connivance or at the behest of Rukhsana. We begin by noting that M.K. Singh is not a third person but an officer and an employee of the Post Office. Post Office, as an abstract entity, functions through its employees. Employees, as individuals, are capable of being dishonest and committing acts of fraud or wrongs themselves or in collusion with others. Such acts of bank/post office employees, when done during their course of employment, are binding on the bank/post office at the instance of the person who is damnified by the fraud and wrongful acts of the officers of the bank/post office. Such acts of bank/post office employees being within their course of employment will give a right to the appellants to legally proceed for injury, as this is their only remedy against the post office. Thus, the post office, like a bank, can and is entitled to proceed against the officers for the loss caused due to the fraud etc., but this would not absolve them from their liability. xxxxx XXXXX
41. xxxxx We would allow the consumer case by issuing the following directions:
(i) Respondent Nos. 1 to 4 would be jointly and severally liable to pay the maturity value of the KVPs as on the date the KVPs were presented to the post office for encashment, along with 7% simple interest per annum from the said date till the date of payment.
(i) The appellants would be entitled to a compensation of Rs. 1,00,000/- and costs of Rs. 10,000/-".
13. In the light of above, we hereby quash and set aside the impugned Notice dated 22.08.2022 (Annexure A/1 - OA No. 488/2022) and, accordingly, hold the applicant entitled to avail CGHS facilities as per the Index Card issued on OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 01.12.2021 (Annexure A/3 - OA No. 488/2022) upto "Lifetime" by the Government of India, Ministry of Health and Family Welfare, Central Government Health Scheme.
14. In view of the above observations and directions, we also hereby quash and set aside all the impugned Notices / Communications, if any, made in the similar respective OAs (as mentioned above) and, accordingly, hold all the applicants entitled to avail CGHS facilities as per their respective Index Cards issued by the Government of India, Ministry of Health and Family Welfare, Central Government Health Scheme.
15. The loss caused to the public exchequer by the employees of the department cannot be made good from the victims but has to be recovered by the department from its own employees who caused it.
16. In one of the earlier OA No. 507/2024 (Meeta Bhasin vs. UOI & Ors.) related to the CGHS, Jaipur, we had directed the Respondent No. 1 to look into the state of affairs in CGHS Jaipur relating to the transfer/ posting of the applicant therein and the posting / appointment of new Additional Director, CGHS, Jaipur but noting seemed to have been done for reasons best known.
OA No. 488/2022, OA No. 489/2022, OA No. 430/2022, OA No. 491/2022, OA No. 551/2022, OA No. 552/2022, OA No. 553/2022, OA No. 554/2022, OA No. 555/2022, OA No. 556/2022, OA No. 557/2022, OA No. 558/2022, OA No. 559/2022, OA No, 560/2022, O No. 561/2022, OA No. 562/2022, OA No. 563/2022, OA No. 564/2022, OA No. 565/2022; OA No. 566/2022, OA No. 567/2022, OA No. 568/2022, OA No. 569/2022, OA No. 312/2023 2nd OA No. 315/2023 But now since the public exchequer has suffered and the humble pensioners have been made victims, we go extra mile and direct Respondent No. 1 to inquire into the matter, from an officer not below the rank of Additional Secretary and fix the responsibility and attribute quantum of loss and recover the same from those employees of the department who defrauded the retired CGHS card holders and caused loss to Bharat Kosh, within a period of three months from the date of receipt of a certified copy of this order.
A certified copy of this order be sent directly to Respondent No. 1.
17. With these observations and directions, all the Original Applications are allowed on similar terms. There shall be no order as to costs.
18. In view of the order passed in the OAs, all the pending Misc. Applications(s), if any, are disposed off.
(LOK RANJAN) (RANJANA SHAHI) ADMINISTRATIVE MEMBER JUDICIAL MEMBER 2%