Central Administrative Tribunal - Ernakulam
General Secretary vs Union Of India on 30 November, 2016
Author: P.Gopinath
Bench: P.Gopinath
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00062/2016
Wednesday, this the 30th day of November, 2016
CORAM:
Hon'ble Mr. Justice N.K.Balakrishnan, Judicial Member
Hon'ble Mrs.P.Gopinath , Administrative Member
1. General Secretary
Central Council for Research in Ayurvedic Sciences
Pensioners' Welfare Association
Pothaparambil House, Anandapuram P.O
Thrissur District 680 305, Kerala State
2. R.Prabhakaran Pillai, S/o.Late.K.Raman Pillai
Lab Technician (Retd.)
A-8, Dilkush Apartment, Lal Bhadoor Shastri Road
Edapally, Cochin - 682 024 ... Applicants
(By Advocate -Mr.C.S.G Nair)
Versus
1. Union of India
represented by its Secretary
Ministry of Ayush, Ayush Bhavan
B Block, GOP Complex INA
New Delhi- 110 023
2. Secretary
Department of Pension & Pensioners' Welfare,
3rd Floor, Lok Nayak Bhavan, Khan Market
New Delhi - 110 003
3. Director General
Central Council for Research in Ayurvedic Sciences
No.61-65, Institutional Area
Janakpuri, New Delhi - 110 058 . . . Respondents
(By Advocate - Mr.K.C Muraleedharan, ACGSC)
This Original Application having been heard on 8.11.2016, the Tribunal on
30.11.2016 delivered the following:
ORDER
By Hon'ble Mrs.P.Gopinath, Administrative Member Applicants are pensioners of Central Council for Research in Ayurvedic Sciences (CCRAS); 1st applicant is the General Secretary of CCRAS Pensioners Welfare Association and the 2nd applicant retired as Lab Technician on 31.3.2008 is a member of the said association. The Government of India sanctioned Fixed Medical Allowance (FMA) w.e.f 1.12.1997 to the Central Government Pensioners/family pensioners residing in areas not covered by Central Government Health Scheme administered by the Ministry of Health and Family Welfare. This was intended for meeting day-to-day medical expenses that do not require hospitalization. FMA was not being paid to CCRAS pensioners who are governed by CCS (Pension) Rules, 1972.
2 The Central Council for Research in Homeopathy is a similar registered Society under the 1st respondent. Rules and Regulations applicable to employees/pensioners of both Councils i.e, Ayurvedic Sciences and Homeopathy are one and the same. FMA is being paid to the pensioners of Central Council for Research in Homeopathy. Applicant submitted a number of representations to the 1st and 3rd respondents. By Annexure A-5, the 3 rd respondent informed the 1st respondent that the Central Council has provided necessary financial implication for the grant of FMA to the CCRAS pensioners, but, approval of the 1st respondent was awaited. 3 All service conditions of Central Government employees/pensioners are mutantis-mutandis shall apply to CCRAS employees/pensioners and as such denial of FMA to the Pensioners of CCRAS is challenged. As seen from Annexure A-5, the governing body of the council in its meeting held on 13.12.2003 had approved the proposal to grant FMA to the pensioners. In as much as the council has to bear the burden of FMA from its sanctioned budget, there is no need to get the approval from the Department of Expenditure.
4 Central Council for Research in Ayurvedic Sciences and Central Council for Research in Homeopathy are two similar societies functioning under the Administrative Control of the 1st respondent. Employees/pensioners of both councils are governed by the same Rules and Regulations as that of Central Government Employees/Pensioners. Granting FMA to pensioners of Homeopathy and denying it to the pensioners of Ayurvedic Council is discrimination.
5 Relief sought by the applicants are to declare that the pensioners of CCRAS are entitled for FMA w.e.f 1.12.1997, at the rate applicable to Central Government pensioners.
6 The respondents in the reply statement submits that the claim of the applicant in the present application is for direction to the respondents to allow Fixed Medical Allowances @ Rs.100/- increased from time to time as per the order dated 19.12.1997. The Ministry of AYUSH in another similar matter of National Institute of Ayurveda Jaipur (an autonomous body under Ministry of AYUSH) has already considered and examined the issue in detail in consultation with the (i) CGHS, Division of the Ministry, (ii).D/o.Pensions & Pensioners' Welare and (iii) Department of Expenditure, and ordered that as per the existing CGHS policy, no new autonomous bodies are being extended the CGHS facilities. Therefore, the request of the applicants for extending medical benefits could not be acceded to.
7 The respondents submit that the Ministry (then Department of AYUSH) has considered and examined in detail a similar matter of extending fixed medical allowances of Rs.100 increased from time to time for the employees of autonomous bodies/organisation. The matter was examined in consultation with (i) CGHS Division of the Ministry (ii) Department of Pensions & Pensioners' Welfare' and (iii) Department of Expenditure based on the representation from National Institute of Ayurveda Jaipur Pensioners Association received in the year 2008. But the benefit could not be extended because, as per the existing Central Government Health Scheme (CGHS for short) policy, no new Autonomous Bodies are being extended CGHS facilities. The decision was communicated to the National Institute of Ayurveda Jaipur Pensioner Association and the Director of the Institute through letter No.R-13011/01/2008 dated 4 th March, 2013 & 24 th February, 2014. Since the Central Council for Research in Ayurvedic Sciences (CCRAS) is also an autonomous body under Ministry of AYUSH with same rules as the National Institute of Ayurveda, Jaipur with regard to the Fixed Medical Allowances, the representations of the CCRAS for extending fixed medical allowance could not be extended because of the prevailing CGHS policy that no new autonomous bodies are being extended CGHS facilities. 8 Heard the counsel for applicant and respondents and perused the written submissions made.
9 It is submitted that in a similar matter bearing O.A No.291/00014/2015 of National Institute of Ayurveda Pensioners Association, Jaipur while disposing of the O.A vide order dated 6.1.2015, the Central Administrative Tribunal at Jaipur was pleased to direct as follows:-
'.............having heard the Ld. Counsel for the applicant, the applicant is at liberty to file fresh representation before the respondent no.1 i.e, Secretary to the Govt. of India, Ministry of Health and Welfare, Department of AYUSH, New Delhi within a period of one month from the date of receipt of the copy of this order. If such a representation is filed then the respondent no.1 is directed to consider and decide the representation of the applicant according to the provision of Law but not later than 3 months from the date of receipt of the representations.'
10 In compliance of the above said order and direction of the Tribunal the Ministry of AYUSH has examined the representations of retired employees of National Institute of Ayurveda, Jaipur and found that this matter was already examined in detail in consultation with (i) CGHS Division of the Ministry (ii) Department of Pensions & Pensioners' Welfare and (iii) Department of Expenditure and grant of medical allowance could not implemented because as per the existing CGHS policy, no new autonomous bodies are being extended CGHS facilities. The request of National Institute of Ayurveda Pensioners Association for extending medical benefit to retired pensioners of National Institute of Ayurveda could not be extended and the decision was communicated vide order bearing No.R-13011/02/2015-NI dated 4.3.2015. Thus the request of the CCRAS also cannot be acceded on the same analogy of application of the CGHS policy.
11 The scheme of Fxed Medical Allowances is applicable to the CGHS beneficiary government servants residing in an area not covered by CGHS i.e, no CGHS dispensary is provided at a reasonable distance from the residence. But the applicant herein, while in service and as pensioners are covered under a different CS(MA) Rules and the Fixed Medical Allowance is not made applicable to beneficiaries of CSMA Rules. The two schemes are different and their benefits are not inter-changeable. The Ministry of Personnel, Public Grievances & Pension (Department of Pension & Pensioners' Welfare) vide O.M bearing No.45/57/97-P &PW(C) dated 19.12.1997 specifically allowed Fixed Medical Allowance @ Rs.100/- p.m to the Central Government Health Scheme beneficiaries administered by the Ministry of Health and Family Welfare, for meeting expenditure on the day to day medical expenses that do not require hospitalization. This order applies to the Central Government pensioner/family pensioners, who at the time of retirement/death were governed by CCS (Pension) Rules, 1972 or other corresponding rules in operation prior to commencement of these rules and are eligible for medical facilities after retirement. Fixed Medical Allowance is admissible to CGHS covered Central Government pensioners residing in areas not covered by Central Government Health Scheme dispensaries administered by Ministry of Health and Family Welfare. Applicants have not made out a case that they are Central Government Health Scheme (CGHS) beneficiaries and are residing in areas not covered by CGHS facilities. FMA is a facility provided to CGHS beneficiaries and cannot be made applicable outside the CGHS Scheme, as it is a replacement scheme for those areas, where Central Government employees are residing and CGHS dispensaries have not been provided.
12 Applicants are covered by CSMA Rules, 1944. Rule 3(i) and 3(ii) of CSMA Rules reads as follows:
' Rule 3(i) - A Government servant shall be entitled, free of charge to medical attendance by the authorised medical attendant;
Rule 3(ii) - Where a Government servant is entitled under sub-rule (i), free of charge, to receive medical attendance, any amount paid by him on account of such medical attendance shall, on production of a certificate in writing by the authorised medical attendant in this behalf be reimbursed to him by the Central Government. ' 13 CCRAS is an autonomous organization registered under the Societies Registration Act, 1860 governed by Memorandum of Association and Rules, Regulations & Bye-Laws of the Council and implementation of any proposal having financial implication require prior approval of the Ministry of Finance. Central Government departments covered by CGHS are not registered under the Societies Registration Act or governed by Memorandum of Association & Rules, Regulations and By Laws like autonomous organisation and there is no similarity between the two. Further as per the existing CGHS policy, no new Autonomous Bodies are being extended CGHS facilities. Thus the allowances approved for the Central Government employees cannot suo-moto be made applicable to the employees of the CCRAS.
14 The Original Application is dismissed.
(MRS.P.GOPINATH) (N.K.BALAKRISHNAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER sv