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nt of histhar spouse isin receipt. of fixed medical allowance, we Aereby strike...

~ ompasi/asezt eision.an which a circular issued by the office of the Respondent Nos. 2&3 eg 0.A./351/356/2021 The respondents would contend that the employees of Central Government who are similarly circumstanced and have been extended the benefits of CSMA Rules, 1944 are made eligible for reimbursement of medical expenditure subject to a condition that the Central Government employees would not claim reimbursement of medical expenditure of their ' spouses if such spouse is or are in receipt of some fixed medical allowance. The respondents would further refer to our decision dated 15.07.2010 in K. Sarala Devi & Anr. Vs. Uol by the Ernakulam Bench of this Tribunal that, even a receipt of a nominal benefit of Rs. 110/ by the spouse, prohibits a government employee from receiving medical facilities/reimbursement under CSMA Rules, 1944. The respondents © would aver that the husband of the employee, namely Vijay Kr. Roy, is a retired government employee who is in receipt of a fixed medical allowance, and, therefore, denying the claim of the applicant is in order. The respondents have referred to the following decisions to contend that general provisions will not abrogate special provisions, when the legislature has intended to have a separate provision the presumption is that a subsequent general enactment is not intended to interfere with the special provisions. The respondents would contend that, as per CSMA Rules, 1994, a Central Government employee is eligible for . reimbursement of medical expenditure for their spouse except where the _ spouse is in receipt of some fixed medical allowance. When a special:

provision exists, the general provision of reimbursement, as cited by the

- applicant, would have no manner of application. Ld. Counsel for the applicant, on the other hand, would vociferously oppose the claim asserting that the O.M. of 2014 issued by the CGHS cannot override the CSMA Rules 1944. Mine

0.A./351/356/2021

4. Ld. Counsels were heard and records perused.

5. It would be profitable to quote the provisions of CSMA Rules, 1944. The provisions are as under:-

"Concessions for Families Families of Central Government servants are entitled to medical attendance and/or treatment as defined in the CS (MA) Rules, 1944, and the orders issued thereunder, on the scale and conditions allowed to Government servants themselves, subject to such exceptions or restrictions specified therein or in the said rules.

This issues with the concurrence of Finance Division vide Dy, No. 2445/Director (IFV2000, dated 9-8-2000.

IG, MLH., OWMNo, 2, 2B013/8/96-MS, daled the 26th May, 2000.7" - . ee _ , {Emphasis supplied} ~ In view 'of the aforesaid clear and unambiguous provisions in the CSMA :

Rules, 1944 itself, the claim for retmbursement is not tenable. However, if the husband desires, and if permitted, he can always ask his organisation -- to revise his option to be governed by CS (M&A) Rules, 1944 in terms of | para (d) and "(e) above.