Central Administrative Tribunal - Madras
R Chandrasekaran vs M/O Railways on 5 February, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH DATED THIS THE 17™ DAY OF MARCH, TWO THOUSAND SEVENTEEN PRESENT: THE HON'BLE MR. JUSTICE A, ARUMUGHASWAMY, MEMBER (J) THE HON'BLE MR. R. RAMANUJAM, MEMBER (A) 0A/310/00434/2017 R. Chandrasekaran Retd.Tech I/Diesel Fitter, No.177, 13" Street, Ex-servicemen Colony, . Trichy. .. Applicant -Versus- 1. Union of India rep., by The General Manager, Southern Railway, Park Town, Chennai 600 003. 2. The Chief Works Manager, Central Workshops, Ponmalai, Trichy 620 004. ...Respondents By Advocates: M/s Ratio Legis, for the applicant. Mr. P. Srinivasan, for the respondents. ORDER
(Pronounced by Hon'ble Mr. Justice A. Arumughaswamy, Member (J)) This OA has been filed by the applicant under Sec.19 of the Administrative Tribunals Act, 1985 to call for the records relating to his PPO/PPA and the RELHS Medical Card and to direct the respondents to make necessary entries in his PPO/PPA and to pay 'the Fixed Medical Allowance',
2. The brief facts of the case are that the applicant while working as Technician Grade I in the Southern Railway retired on 30.6.2008 on attaining the age of superannuation. As per the order dated 21.4.1999, the existing pensioners as well as the future retirees had to exercise one time option in the prescribed format to avail medical facilities at the OPD of Railway Hospitals or to claim Fixed Medical Allowance of Rs.100/- per month. In the case of existing pensioners, the Pension Disbursing Authority would obtain the option and undertaking in the prescribed form. Based on these, the Pension Disbursing Authority would authorise payment of Medical Allowance @ Rs.i00 per month. |
3. It is stated that the fact whether the pensioner/family pensioner had opted for Fixed Medical Allowance or not was to be prominently endorsed by the Pension Disbursing Authority on both halves of the PPO, In other words, the Pension Disbursing Authority has to make an appropriate endorsement on the PPO irrespective of whether the pensioner/family pensioner opted for the benefit of Fixed Medical Allowance or not. Grant of Medical Allowance was intended to meet the expenditure on day to day medical expenses that did not require hospitalisation. Those opting for the facility of medical allowance were, therefore, not entitled to receive outdoor treatment. However, pensioners who were members of any of the existing Health Care Schemes for retired Railway employees, would not be debarred from receiving treatment for chronic illnesses requiring specialised investigations or long term treatment for chronic diseases, even if such treatment was received on outpatient basis.
4, In terms of Railway Board's letter dated 12.10.2006 Fixed Medical Allowance @ Rs.100/- per month is granted to the Railway pensioners/ family pensioners who were residing beyond 2.5 kms., from the Railway Hospital/Health Unit/Dispensary as per Board's letter dated 21.4.1999. The Fixed Medical Allowance is given to meet the day to day medical expenses. Those who opted to it were not entitled to receive outdoor treatment from' Health Unit/Railway Hospital etc., except in cases of chronic diseases. Further as per Railway Board's letter dated 15.9.2009, Pensioners/Family Pensioners who possessed RELHS Card and availed OPD facility were not entitled to Fixed Medical Allowance, whereas those who possessed RELHS Card but did not avail OPD facility except in cases of chronic diseases as defined in Board's letter dated 12.10.2006 were entitled to Fixed Monthly Allowance.
5. In terms of the Railway Board's letter dated 29.6.2010, the amount of Fixed Monthly Allowance had been enhanced from Rs.100/- to Rs.300/-
per month with effect from 1.9.2008. The applicant exercised his option for Fixed Monthly Allowance vide letter dated 18.11.2015 but to no avail, Hence he has filed this OA to direct the respondents to pay necessary entries in the PPO/PPA and pay the Fixed Medical Allowance to him.
3. At the hearing, the learned counsel for the applicant stated that the representation dated 18.11.2015 submitted by the applicant is pending with the respondents and the applicant would be satisfied if the representation dated 18.11.2015 is directed to be disposed of by the respondents within a time frame.
4, In view of the above, we deem it appropriate to direct the respondents to consider and pass a reasoned and speaking order within a period of two months from the date of receipt of a copy of this order. ORDER The respondents are directed to consider and pass a reasoned and speaking order on the applicant's representation dated 18.11.2015 within a period of two months from the date of receipt of a copy of this order. The OA is disposed of accordingly. No costs.
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