Central Administrative Tribunal - Delhi
S P Singh vs M/O Railways on 17 July, 2019
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Central Administrative Tribunal
Principal Bench, New Delhi.
OA No.993/2018
Reserved on : 14.05.2019
Pronounced on :17th July, 2019
Hon'ble Mr. Mohd. Jamshed, Member (A)
Shri S.P. Singh
Age 68 years (Ex SSE)
S/o Late Badloo Singh
R/o H.No.380 New Ganesh Nagar
Kori Mazra, ITC Gate Saharnpur, UP. .... Applicant
(By Advocate: Shri Lalta Prasad)
Versus
1. Union of India & Ors.
Through
General Manager
Northern Railway
Baroda House, New Delhi.
2. Divisional Railway Manager
Delhi Division, Northern Railway
State Entry Road, New Delhi. .... Respondents
(By Advocate :Shri Satpal Singh with Ms. Neetu Mishra)
ORDER
The applicant had joined the Railway service as AIOW Apprentice on 21.07.1976. He retired from service on 31.12.2009 as Senior Section Engineer. He has stated that certain due payments towards Travelling Allowance , LTC, PLB and medical reimbursement etc. have not yet been paid to him despite several representations made to the respondents in this regard. In this connection, the applicant had filed OA No.4331/2017. The Tribunal vide order dated 15.01.2018 permitted the applicant to withdraw the said OA with liberty to file a better application. The applicant has thereafter filed the present OA seeking the following reliefs :-
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"(a) Direct to the respondents issue the Medical Card in favour of the applicant.
(b) Direct to the respondents for make the payment of medical reimbursement amount for which is entitled from date of entitled for such benefits to till date with the delay interest 12% pm."
2. The applicant has also made several applications under RTI regarding his claim to concerned PIOs during 2016-17 but he could not get proper information. He has also submitted an undertaking form for claiming the fixed medical allowance. He has also stated that he has not been issued medical card by the respondents. In response to applicant's representation dated 18.03.2015, which also included issue of medical card after retirement, the respondents vide their letter dated 21.12.2015, advised that he should furnish the details of medical claim in the prescribed form and that he should also certify that he is not availing any OPD facility and the distance of the dispensary is more than 2.5 kms from his residence. The applicant thereafter submitted the undertaking form dated 08.01.2016 giving the required certification and his option to claim the fixed medical allowance. This undertaking also included provisions that the applicant shall not avail of any OPD facility at Railway Hospital. Vide letter dated 24.02.2016 the respondents advised the applicant that the medical card cannot be issued for want of necessary documents not yet furnished by the applicant. He was also advised to visit the office on any working day along with required documents so that medical card may be issued in his favour. There is nothing on record to indicate that the applicant appeared before the authority along with the documents and what was the final outcome. It is seen that there was no further correspondence between the applicant and the respondents after 2016. The applicant thereafter filed OA No.4331/2017. Later on, he also sought permission of the Hon'ble Tribunal to withdraw the OA with liberty to file better application. Through this OA he is seeking relief(s) in terms of 3 directions to the respondents to issue the medical certificate in his favour and also to make the payment of medical reimbursement amount for which he is entitled from the date of entitlement for such benefits to till date with the delayed interest of 12% p.m. No specific period has been mentioned in the relief.
3. The respondents have opposed the OA and stated that the applicant at the time of retirement did not join the RELH Scheme as it was optional at that time. However, it was mandatory for an employee/pensioner joining this Scheme to deposit one month's basic pay for issue of the medical card. This Scheme continued for some time and according to the respondents, the same is closed at present and as such the request of the applicant to issue medical card cannot be accepted at this stage.
4. Counter reply filed by the respondents has not commented on the replies given earlier by respondent no.2 to the application dated 21.12.2015 in connection with the medical allowance and letter dated 24.02.2016 asking the applicant to visit the office along with necessary documents so that medical card may be issued in his favour. It is also not clear from the counter reply as to when RELHS has ended and whether there is other alternative for retired employees for availing medical facility.
5. Heard the arguments of the learned counsel for the applicant and learned counsel for the respondents.
6. This is second round of litigation. The applicant had filed the first OA No.4331/2017 and withdrew the same for filing a better application. During the arguments it is submitted that he has filed another OA seeking payment of other retiral dues and the same is pending. Vide this OA he has again talked about various retiral dues which have not been paid by respondents to him. The main relief is in terms of issue of medical card and for medical 4 reimbursement. It is also stated in the OA that the medical reimbursement amount due to be paid to him is Rs.500/-. It is evident that Retired Employees liberalized Health Scheme -1997 duly covered retirees of pre-March 2009 and retiree after March, 2009. Vide letter dated 31.05.2012 issued by Ministry of Railways the position has been clarified as under :-
"(a) For Pre-March 2009 retirees - The RELHS-97 will remain open-
ended with a lock-in-period of six months for referral outside the Railway Hospital with the rider that this lock-in-period can be relaxed only in an emergency provided the patient is either admitted or visits the Railway Hospital and the facilities for the treatment are not available in Railway Hospital. Such referrals are to be processed only on recommendation of a specially constituted Medical Board.
(b) For March 2009 and onwards retirees - The RELHS-97 will emain open for a period of another one year from the date of issue of the letter for all those retired railway personnel who have not joined the scheme for one reason or the other. The lock-in-period of six months as applicable for pre-March, 2009 retirees shall be applicable for these retirees also. Henceforth joining RELHS-97 has been made mandatory for all retiring Railway personnel without any exit clause whatsoever."
7. It is however clear from the Ministry of Railways rules that the respondents have relied upon, that, "all employees will have to give their option to join RELHS at least 3 months prior to their date of retirement. The option given once will be treated as final. No further chance will be given subsequent to retirement". The applicant also submitted the Undertaking Form on 08.01.2016 to the respondents. Respondents vide their letter dated 24.02.2016 to the applicant in response to his query under RTI clearly mentioned that the medical card has not been issued due to non-availability of necessary documents. The respondents further asked the applicant to visit the office on any working day with full documents so that necessary medical card may be issued in his favour. The two issues mentioned in the reliefs sought are for issue of medical card to the applicant and for payment of the 5 dues of medical reimbursement claim which has been stated in the OA as Rs.500/-.
8. Respondents in their counter categorically stated that medical card cannot be issued unless the applicant has joined the RELH Scheme and that he is not entitled for his reimbursement claim. This is contrary to the letter of the respondents quoted above in connection with his medical reimbursement and also on the issue of medical card. At the same time, it is also evident that the applicant has not visited the office of the respondents along with necessary required documents for issue of medical card for the last three years.
9. In view of the above mentioned facts, I am of the view that this OA does not deserve to be prolonged any further. The applicant is directed to make a representation along with necessary documents to respondent no.2 with reference to the letter dated 24.02.2016 for reimbursement and issue of medical card within 15 days. The respondents shall thereafter consider and decide the representation of the applicant for issue of medical card and reimbursement of medical dues on production of required documents and completion of necessary formalities in terms of the rules prescribed, within a period of three months from the date of receipt of a certified copy of this order. The OA is disposed of with the above directions. No order as to costs.
(Mohd. Jamshed) Member (A) 'uma'