Central Administrative Tribunal - Ernakulam
Mariyamma C Koshy vs D/O Post on 12 October, 2018
1
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
ORIGINAL APPLICATION NO. 180/01084/2017
Friday, this the 12th day of October, 2018
CORAM
HON'BLE MR.ASHISH KALIA, JUDICIAL MEMBER
Mariyamma C.Koshy
W/o.(late) E.Geevarghese
Aged 72 years
Kovoor Veedu, Pallimukku
Vadakkevila P.O
Kollam - 691 010 ... Applicant
[By Advocate Mr.V.Sajith Kumar]
V.
1. Union of India
represented by Secretary to Government
Department of Posts, Government of India
New Delhi - 110 001
2. The Chief Postmaster General
Kerala Circle
Trivandrum -695 033
3. The Senior Superintendent of Post Offices
Kollam Postal Division
Kollam- 691001 ... Respondents
(By Advocate Mr.S.Sreenath,ACGSC)
This application having been finally heard on 9.10.2018, the Tribunal on 12.10.2018
delivered the following in the open court.
ORDER
Per: MR.ASHISH KALIA, JUDICIAL MEMBER O.A 180/01084/17 is filed by the applicant aggrieved by the orders of 3rd respondent rejecting her husband's medical claim under the CS (MA) Rules 2 on the ground that retired employees are not covered by the scheme.
2. The reliefs sought in the Original Application are as follows:-
"(i) To quash Annexure A1 and Annexure A2
(ii) To direct the respondents to sanction and disburse the reimbursement of the Medical Expenses sought for in Annexure A-5 and Annexure A-6.
(iii) Grant such other reliefs as may be prayed for and as the Court may deem fit to grant, and
(iv) Grant the cost of this Original Application ."
3. The brief facts of the case are:-
Applicant entered into the service of the Postal Department as Postal Assistant on 5.6.1962 and retired as Postmaster w.e.f 29.2.1996 on attaining the age of superannuation. After retirement, he is only getting meager pension which is hardly sufficient to meet the both ends. Central Government pensioners residing within the area of CGHS are totally entitled to reimbursement of medical expenses. But those who are residing outside the CGHS area are granted Fixed Medical Allowances (FMA) of Rs.300 per 3 month. It was in pursuance to the recommendations of the 5 th Central Pay Commission and the amount was revised from Rs.100/- to Rs.300/- vide O.M dated 26.5.2010 (Annexure A-3). Applicant underwent major surgery at Travancore Medical College in 2 spells. He was admitted to the State recognized hospital on 19.10.2016 and had undergone an operation on 20.10.2016. He was discharged on 21.10.2016 and a bill of Rs.31,992/- was incurred as expenditure. The operation was in relation to the enlargement of prostate gland and consequent troubles with urination. He was again admitted on 08.02.2017 and after an operation, he was discharged on 14.12.2017. A sum of Rs.56,762/- was incurred as expenditure in the hospital. Bills are duly submitted to the respondents vide Annexure A-5 and Annexure A-6 respectively. It is further submitted that the proposed treatment was effected out of emergency to save the life of the applicant. Emergency certificate is also enclosed with this Original Application (Annexures A-7 & A-8) .
4. Applicant contends that a similar matter was considered by the Gujarat Bench of this Tribunal in O.A 64/2013. In that case, a retired employee of the Department of Posts sought reimbursement of an amount of Rs.1,91,392/- for implantation of permanent Pace Maker which was rejected by the concerned authorities. Ultimately, Tribunal had quashed the order rejecting the medical reimbursement of bills. In this backdrop, he has approached this Tribunal. 4
5. Notices were issued. Mr.S.Sreenath,ACGSC takes notice on behalf of the respondents and filed reply statement.
6. The stand taken by the Department in the reply statement is, in case of retired employees where CGHS facilities are not available, they can avail the Fixed Medical Allowance of Rs.500/- per month. They can also avail the benefits of CGHS OPD and IPD by registering themselves in the nearest CGHS city after making the required subscriptions as per the CGHS guidelines. Thus the retired employee cannot have the facility of medical reimbursement.
7. Heard Mr.V.Sajith Kumar, learned counsel for the applicant and Mr.S.Sreenath,ACGSC, learned counsel for the respondents and perused the documents.
8. The short question put forward by this Original Application is that whether the retired employees who are residing in non-CGHS areas are entitled for reimbursement of medical expenses or not ?
5
9. Learned counsel for the applicant has drawn our attention to the O.A 24/2015 decided by this Tribunal in 2017 which is identical in situation where a retired person superannuated while working as Senior Superintendent of Post Offices, Kollam. He has claimed the medical expenses which was rejected vide Annexure A-1 order on the ground that as he is a retired employee his claim is not covered under CS(MA) Rules, 1944. This Tribunal quashed and set aside Annexure A-1 and directed the respondents to re-consider the claim of the applicant in the light of the observations made in order dated 18.7.2013 in O.A No.64/2013 of the coordinate Bench of this Tribunal at Ahmadabad and the judgment dated 28.12.2015 of the High Court of Himachal Pradesh in CWP No.4621/2011 and consider reimbursement of the expenses incurred by the applicant as per bills. Paragraph 14 of O.A 64/2013 reads as follows:
"14. If the serving government officials and the retired government officials are treated differently in the matter of protecting their health, keeping a wide hiatus between the two categories in the context of granting medical facilities, the same would be violative of fundamental right of equality guaranteed in Article 14 of the Constitution of India. It is worth reminding that when policies relating to retired government servants and pensioners are formulated, they should be in consonance with the directive principles of State policy envisaged in Articles 41 and 47 in Part IV of the Constitution of India. Medical assistance and facilitating emergency treatments to 6 the old retired government servants will be a step forward in mitigating their "ündeserved want" arising out of their health situation in the post-retirement life. This is a situation contemplated in Article 41 of the Constitution. Therefore,this matter requires a benevolent approach from the Central and State Governments. "
10. In a nutshell, Ahmedabad Bench has decided the matter clearly on the ground of discrimination between serving government official viz-a-viz retired government official. By taking shelter of this judgment, this Tribunal is of the view that the present Original Application has merit on its side and this Original Application is disposed of with a direction to the respondents that they may consider reimbursement of the medical expenses incurred by the applicant herein in terms of the Ahmedabad Bench judgment relied by the Ernakulam Bench in O.A 24/2015. This order shall be complied within a period of 60 days from the date of receipt of a copy of this order.
11. The Original Application is disposed of as above. No costs.
(ASHISH KALIA) JUDICIAL MEMBER sv 7 List of Annexures Annexure A-1 - A true copy of the Order No.E 19/MR/GNL dated9.1.2017 issued by the 3rd respondent Annexure A-2 - A true copy of the Order no.E19/MR/GNL dated 15.05.2017 issued by the 3rd respondent Annexure A-3 - A true copy of the O.M No.4/25/2008-P&PW (D) dated 26.5.2010 Annexure A-4 - A true copy of the G.I Min. of Health & F.W., O.M No.S-14025/4/96-MS dated5.6.1998 Annexure A-5 - A true copy of the application for claiming refund of Medical Expenses dated2.1.2017 along with the discharge summary dated 21.10.2016 Annexure A-6 - A true copy of the application for claiming refund of Medical Expenses dated 4.5.2017 along with the discharge summary dated 14.2.2017 Annexure A-7 - A true copy of the Emergency certificate dated 2.1.2017 with respect to the treatment administered on the applicant issued by the Travancore Medical College Annexure A-8 - A true copy of the Emergency Certificate dated 20.2.2017 with respect to the treatment administered on the applicant issued by the Travancore Medical College Annexure A-9 - A true copy of the order in O.A 64/2013dated18.7.2013availedfrom Swamys news Annexure A-10 - A true copy of the Lt. No.21-13/2014-Medical dated
-/10/2014 issued on behalf of the 1st respondent Annexure A-11 - A true copy of the Order dated 20.3.2017 in O.A 24/2015 of this Tribunal Annexure R-1 - True copy of the Rule 1(2) and Note below the said Rule of the CCS (Medical Attendance) Rules, 1944 Annexure R-2 - True copy of the OM No.45/57/97- P&PW(C)dated30.12.1998 Annexure R-3 - True copy of the OM No.S.14025/4/96-MS 8 dated20.8.2004 Annexure R-4 - True copy of the judgment dated 18.10.2006in WP(C) 14055 of 2006 (S) Annexure R-5 - True copy of the clarification videOM No.S.14025/23/2013-MS-EHSS dated 29.9.2016 Annexure A-12 - A true copy of the Death Certificate dated 11.6.2018 issued by the Secretary/Registrar of Births and Death, Thrikkovilvattom Grama Panchayath .....