Central Administrative Tribunal - Bangalore
Dr G Varaprasad vs Kvs on 14 March, 2024
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OA.No.170/150/2023/CAT/Bangalore Bench
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00150/2023
DATED THIS THE 14th DAY OF MARCH, 2024
CORAM:
HON'BLE MS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
Dr. G. Varaprasad,
Age: 62 years,
S/o G.H.Rao,
Retired Principal,
K.V.S. Channapatna-562161,
Residing at
D/6/43, Kendriya vihar,
Bangalore North-Yelahanka,
Bangalore-560064. ..Applicant.
(By Advocate Shri P. Kamalesan)
Vs.
1. Union of India,
Reptd by Commissioner,
Kendriya Vidyalaya Sangathan,
HQ, No.18, Institutional Area,
Shaheed Jeet Singh Marg,
New Delhi-110016.
2. Deputy Commissioner,
K.V.S. Regional Office,
K. Kamaraj Road, Bangalore-560042.
3. Additional Director,
C.G.H.S, 3rd Floor E Wing,
Kendriya Sadan,
Koramangala, Banglaore. ....Respondents
(By Shri Vishnu Bhat, Sr. Panel Counsel)
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OA.No.170/150/2023/CAT/Bangalore Bench
O R D E R (ORAL)
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
a) To quash the KVS (Regional office) Bangalore, letter no. F13-228/ 2021-22/KVS (BGR)/2021- 22/Accounts/ 4717 dated 21.03.2022 (Annexure-A15) issued by Respondent No.2 vide which the request of the applicant, to provide him a CGHS Card for pensioners, has been rejected.
b) To quash KVS, Ministry of Education, Government of India HQ, New Delhi letter F. S. No. 11086/02/2017-KVS(Mu) Prasha.2/Part File/ 1/ 591 dated 21.03.2023 (Annexure-A22) issued by Respondent No. 1 vide which his request for issuance for issuance of fresh CGHS Card has been rejected.
c) To direct the Respondent No.2- Dy. Commissioner KVS Regional Office, K. Kamaraj Road, Bangalore, to process the applicant's application for New CGHS card with CGHS authorities - Respondent No.3.
d) To direct the Respondent No.3- Additional Director CGHS, Bangalore, to issue New CGHS card to the applicant and extend CGHS facility to the applicant and his family members.
e) Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity.
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OA.No.170/150/2023/CAT/Bangalore Bench
2. The facts of the case as pleaded by the applicant in his pleadings, are as follows:
a) The applicant was working at KVS School, in various capacities at Bangalore from 27.06.1988. He was a CGHS beneficiary and having CGHS card No.077834 dated 30.11.1993. The applicant availed CGHS benefits till 02.05.2018. The applicant was subsequently transferred from Bangalore to Channapatna as Principal Grade II. from 02.05.2018.
b) The applicant after superannuation on 31.05.2019, from Channapatna, applied for new CGHS Card and paid subscription of Rs. 78,000/- through DD dated 29.05.2020. The said DD was returned by R.O. KVS Bangalore on 11.06.2020, stating that the DD was sent without any authorisation/ requirement.
c) The applicant is eligible for extension of CGHS facilities after retirement in accordance with KVS HQ New Delhi OM 21.08.2015 (Annexure-A2), Govt. of India, Ministry of Health and Family Welfare, Department of Health and Family Welfare New Delhi OM dated: 29.09.2016 (Annexure-A3), Govt. Of India, Ministry of Health, New Delhi OM dated 06.03.2019 (Annexure-A5), KVS HQ New Delhi OM dated 13.03.2019 (Annexure-A7), KVS HQ New Delhi OM dated:
22.04.2019 (Annexure-A7) and RO KVS Bangalore letter dated:
31.01.2019.4
OA.No.170/150/2023/CAT/Bangalore Bench
d) RO KVS SC garden, Bangalore-42, instructed the applicant to apply for CGHS card after his retirement if he is settling down in CGHS covered area provided CGHS extends the facility to the pensioners to KVS. The applicant submitted application for availing CGHS facilities and to get new CGHS card. In accordance with the instructions, required subscription of Rs. 78,000/- was drawn on DD, and sent to CGHS directly. The CGHS forwarded the application to R.O. KVS Bangalore-560042, for processing through their office. The R.O., KVS Bangalore-560042 instead of processing the application returned it to the applicant stating that the application/DD was sent without any authorization/ requirement, which is contrary to their communication dated: 31.01.2019.
e) The pension disbursing authority SBI vide letter dated: 25.04.2022, stated that fixed medical allowance was stopped from 01.04.2022 to the applicant. The applicant now stands without medical facilities under CSMA rules nor CGHS facilities which affects him and his family very severely. Rejection of request of the applicant for CGHS card vide letter dated 21.03.2022 (Annexure-A15) by R.O. KVS Bangalore-560042, stating that "as per prevailing rules the employees who are subscribing the CGHS at the time of retirement are only entitled for CGHS after retirement" is contrary to OMs issued by HQ KVS, New Delhi.
f) On identical facts of the case, the Principal Bench, New Delhi vide order dated: 23.04.2014 in O.A. No. 1549/2013 and order dated 5 OA.No.170/150/2023/CAT/Bangalore Bench 19.12.2018 in O.A. No. 1147/17 held that " we in the above facts and circumstances are of the considered view that when the employees of KVS have already been availing CGHS facility while they were in service, they cannot be left in lunch after they retire without providing them an alternate scheme for protection to their health and right to health is essential part of right to life guaranteed under Article 21 of the constitution," and further held as "In view of these facts the whole action of the respondents not extending CGHS facility to retired teaching staff after retirement is bad in law. There is no reason or justification for denying the CGHS facility to the retired teaching staff applicants after retirement, which facility is available to all the government employees during their service."
3. The respondents have filed their written statement wherein they have averred as follows:
a) Kendriya Vidyalaya Sangathan (KVS), is an Autonomous Body (registered as a Society under the Societies Registration Act, XXI of 1860) set up and fully funded by the Ministry of Education, Government of India, to establish, administer and manage, the Kendriya Vidyalayas. The pay and allowances and other benefits, as approved by the Ministry of Education, are extendable to the employees of KVS. Kendriya Vidyalaya Sangathan cannot extend any benefit to its employees on its own.
b) The present status of coverage of CGHS facilities among the employees of KVS is as under:6
OA.No.170/150/2023/CAT/Bangalore Bench A. Serving Employees i. Employees posted in KVS Headquarters and KVS, RO Delhi. ii. Employees working in KVS, RO Mumbai (and some KVS), RO Kolkata, RO Chennai (and some KVs), RO Bengaluru (and some KVs), RO Hyderabad (and some KVs).
B. Retired employees Ministry of Health and Family Welfare CGHS (P) Section, Nirman Bhawan, New Delhi vide O.M. No. S11016/8/2015-CGHS (P) dated 29-05-2015 'the medical facilities under the CGHS were extended to the retired employees of KVS residing in Delhi/NCR. Notification in this regard was issued by KVS vide office memorandum dated 21- 08-2015 (Annexure A-2).
c) Ministry of Education vide letter No. 3-5/2011-UT-2 dated 02.02.2018 (Annexure- R2) and 19.03.2018 (Annexure-R3) has conveyed the decision of Ministry of Health & Family Welfare, Govt. of India regarding extension of CGHS facilities to all retired employees (teaching and non-teaching) of Kendriya Vidyalaya Sangathan residing in Delhi / NCR. In compliance, KVS has issued OM dated 20.03.2018 (Annexure-R4). At present CGHS facility has been extended to the retired employees of KVS (teaching and non-teaching both) in all CGHS covered cities who were having CGHS cards while in service, i.e., as on the date of retirement.
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d) The Ministry of Health & Family Welfare (MoH & FW) issued OM No. S 11016/8/2015-CGHS (P) dated 06.03.2019 (Annexure A-5) vide which CGHS facilities has been extended to all such retired employees of KVS, who were having CGHS cards while in service (including on the date of retirement), in all CGHS covered cities. Thereafter, Ministry of Education vide letter No. F. 3-5/2011-UT-2 dated 13.03.2019 (Annexure- R5) has conveyed the approval of the aforesaid OM dated 06.03.2019 to KVS. In compliance, KVS has issued OM No. F. 11086/01/2012-KVS (HQ)/ Admn. II/ dated 13.03.2019 (Annexure- R-
6). The pensioners are getting Fixed Medical Allowance (FMA) @ Rs. 1000/- on monthly basis in accordance with the Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Pensions & Pensioners' Welfare) OM No.4/34/2017-P&PW (D) dated 19.07.2017 (Annexure- R7).
e) In the instant case, the applicant who had surrendered his CGHS card and opted for fixed medical allowances was not in possession of CGHS card as on the date of his superannuation from service. Hence his request for issue of CGHS card could not be acceded to.
4. Heard learned counsels for the parties and perused the pleadings made by them.
5. In the present case, the fact of the matter is that the applicant was covered under CGHS facility while he was in service at Bangalore from 02.11.1993 to 02.05.2018. Subsequently, he was transferred from Bangalore to Channapatna which is non CGHS covered area. Accordingly, he 8 OA.No.170/150/2023/CAT/Bangalore Bench surrendered his CGHS Card and opted for fixed medical allowance of Rs. 1000/- from 02.05.2018. He superannuated while under posting at Channapatna on 31.05.2019. The applicant after retirement is now settled in Bangalore which is covered under CGHS.
6. The applicant requested for issuance of CGHS Card to him, after retirement since he had settled now in Bangalore which is covered under CGHS. However, the respondents have rejected his application for granting him a CGHS Card on the grounds that he was not covered under CGHS at the time of his retirement. They have relied upon the OM issued by the Ministry of Health and Family Welfare dated 06.03.2019 (Annexure -A5) and the OM dated 13.03.2019 (Annexure-A7) issued by the KVS regarding extension of CGHS facilities to retired employee of KVS, in order to reject his application.
7. A careful perusal of the OM No. S 11016/8/2015-CGHS (P) dated 06.03.2019 (Annexure-A5) issued by the Ministry of Health and Family Welfare indicates that it contains the following instructions:-
"The proposal of Ministry of Human Resource Development regarding extension of CGHS facilities to the retired employees of KVS, who were having CGHS cards while in service, in all CGHS covered cities has been examined in this Ministry and it has been decided to extend CGHS facilities to retired employees of KVS, who were having CGHS cards while in service, in all CGHS covered Cities on the same terms and conditions on which retired employees of KVS were extended CGHS facilities in Deihi/NCR vide this Ministry's OM dated 29.05.2015." 9
OA.No.170/150/2023/CAT/Bangalore Bench
8. Similar provision has been reiterated in the OM No. F.11086/01/2012-KVS (HQ)/Admn.II/291-338 dated 13.03.2019 issued by the KVS (Annexure- A7) as follows:
"Ministry of HRD, vide letter No.F3-5/2011-UT-2 dated: 13.03.2019 has conveyed the approval of the Ministry of Health & Family Welfare O.M. No. S. 11016/8/2015-CGHS (P) dated 06.03.2019 vide which Ministry of Health & Family Welfare has extended the implementation of CGHS facilities to all the retired employees of KVS, who were having CGHS cards while in service, in all CGHS covered Cities, on the same terms and conditions on which retired employees of KVS were extended CGHS facilities in Delhi/NCR vide Ministry of Health & Family Welfare OM dated 29.05.2015."
9. A careful perusal of both these OMs clearly indicates that the retired employees of KVS who were having CGHS Card while in service, in CGHS covered cities, shall be entitled to CGHS facilities on the same terms and conditions on which retired employees of KVS were extended CGHS facilities in Delhi/NCR vide Ministry of Health & Family Welfare OM dated 29.05.2015. It is nowhere mentioned in these OMs that the pensioner should be holding a CGHS card at the time of his retirement. The only condition mentioned is that the person should have had a CGHS card while in service in a CGHS covered area.
10. In the present case, the applicant had a CGHS card while he was in service from 02.11.1993 to 02.05.2018, when he was serving in Bangalore which is a CGHS covered area. The applicant was transferred from Bangalore to 10 OA.No.170/150/2023/CAT/Bangalore Bench Channapatna as Principal Grade II on 02.05.2018. Since Channapatna was a non CGHS covered area, the applicant had surrendered his CGHS card on transfer from Bangalore. He superannuated on 31.05.2019 from Channapatna.
11. Now, the applicant is living as a pensioner at Bangalore and is seeking coverage under CGHS facilities since now he is located in Bangalore which is a CGHS covered area. The only condition mentioned in OMs dated 06.03.2019 & 13.03.2019 is that the person should have been having a CGHS card while in service, in a CGHS covered area. It is nowhere mentioned that person eligible to get a CGHS card after retirement should have been holding a CGHS card at the time of retirement. In the present case, the applicant happened to retire from a Non CGHS covered area. He had held a CGHS card when he was in service and posted in Bangalore, a CGHS covered area.
12. The contention of the respondents in the impugned order dated 21.03.2022 that "as per prevailing rules, the employees who are subscribing for CGHS at the time of retirement are only entitled for CGHS after retirement." is contrary to the Rules notified by the Ministry of Health and Family Welfare as well as KVS vide their OMs dated 06.03.2019 & 13.03.2019, respectively.
13. Accordingly, the OA has merit and is allowed with the following directions:- 11
OA.No.170/150/2023/CAT/Bangalore Bench
a) The communications dated 21.03.2022 issued by Respondent No.2 at Annexure A-15 and the communication dated 21.03.2023 issued by Respondent No. 1 at Annexure A-22 are quashed.
b) The Respondent No. 2 is directed to process the application of the applicant seeking for new CGHS card with CGHS authorities (R-3) and extend the CGHS facilities to the applicant and his family members in accordance with the law subject to payment of subscription of CGHS for the required period.
14. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
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