Central Administrative Tribunal - Delhi
All India Kvs Retired Employees Welfare ... vs M/O Human Resource Development on 6 October, 2016
Central Administrative Tribunal
Principal Bench
New Delhi
OA No. 3214/2016
New Delhi, this the 6th day of October, 2016
Hon'ble Shri V. Ajay Kumar, Member (J)
1. All India KVS Retired Employees Welfare,
Society, A-162, Vikas Puri, New Delhi-18
Through its General Secretary ,
Dr. VP Garg, B-2/48A, Keshav Puram,
New Delhi-110035
2. Dr. VP Garg, Principal (Rtd.)
Aged 72 years,
S/o Dr. G.R. Garg,
General Secretary,
All India KVS Retired Employees Welfare,
Society, B-2/48A, Keshav Puram,
New Delhi-110035
3. Shri R.K. Gautam,
Principal (Rtd.)
Aged 66 years,
S/o late Shri U.S. Gautam,
Member, All India KVS Retired Employees Welfare,
Society, R/o A/151, Hari Nagar, Ground Floor,
New Delhi-110064 - Applicants
(By Advocate: Mr. E. J. Varghese)
Versus
1. Union of India through
The Secretary,
Ministry of Health and Family Welfare,
Nirman Bhawan, New Dehi-110011
2. Union of India through
The Secretary,
Ministry of Human Resource Development,
Department of Education,
Shastri Bhavan, New Delhi-110011
3. The Director General of Health Services,
Nirman Bhawan, New Delhi-110011
4. The Commissioner,
2
Kendriya Vidhyalaya Sangathan,
18 Institutional Area,
Shaheed Jeet Singh Marg,
New Delhi-110016 - Respondents
(By Advocates: Mr. S. Rajappa with Dr. Puran Chand and Mr.
Gyanendra Singh)
O R D E R (Oral)
Heard both sides.
2. The 1st applicant is All India KVS Retired Employees Welfare Society. The applicants 2 and 3 are the retired teaching staff of the KVS and they retired from service on attaining the age of superannuation. They were availing the benefits of CSMA Rules, 1944. After retirement, they sought for granting of CGHS benefits in place of CSMA Rules. However, the respondents, vide impugned Annexure A/1 dated 29.01.2016, rejected the said request by stating that serving as well as retired teaching staff of KVS residing in Delhi/NCR had not been extended the medical facilities under CGHS and they have been getting the medical facilities under CSMA Rules 1944 while in service and Rs.500/- as fixed medical allowance for pensioners, as per the said Rules.
3. When the matter is taken up for hearing, my attention was drawn to Annexure A/4 Office Memorandum dated 29.05.2015 of the respondent - Union of India, Ministry of Health and Family Welfare, CGHS (P) Section wherunder the Ministry, in receipt of a request from KVS to extend the CGHS facilities to its retired employees, has decided to extend the CGHS facilities to them, subject to the conditions mentioned therein. In pursuance of the said Office Memorandum, the KVS issued Office Memorandum dated 21.08.2015 3 whereunder the retired employees of KVS have been extended the CGHS facilities as per the terms and conditions therein.
4. In view of the Office Memorandum dated 21.08.2015 extending the CGHS facilities to the retired employees of KVS, who are residing in Dehi/NCR, the OA is disposed of by directing the respondents to extend the CGHS benefits to the applicants in terms of the aforesaid OM dated 21.08.2015, by passing a speaking order, within 30 days from the date of receipt of a copy of this order. If the applicants are required to pay any amount towards subscription fee etc., the respondents shall intimate the same to them and the applicants may pay the same within the time specified by the respondents. No costs.
(V. Ajay Kumar) Member (J) lg 4