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2. Applicants had retired from Railway service after 2006. They claim that all of them are residing beyond 2.5 kms from the nearest Railway hospital/health unit and are not availing out patient dispensing facility, OPD facility for short, except for chronic diseases which is the condition for availing FMA. All of them have also subscribed to the Railway Employees Liberalised Health Scheme, RELHS. The applicants submit that at the time of retirement, contrary to the extant Rules, they were made to give an option form which was obsolete and irrational and thus their legitimate claim for FMA was denied to them. Even though they wanted to give an undertaking pursuant to the subsequent changes in policy, that was not accepted and thus they have been denied the benefit of FMA. They satisfy all necessary conditions for availing the benefit and are not enjoying OPD facility except for treatment of chronic diseases, still they are not granted FMA and therefore they reiterate their claim that they are entitled to get FMA from the respective dates of retirement. According to them, they knew about the change as made in the forms of undertaking only in 2017; thereafter they were trying to give fresh options in accordance with the extant Rules, but that were not entertained and that was how they moved O.A.123/2018 along with similarly situated others; this Tribunal was convinced that they are entitled to get such benefits and thus the respondents were directed to consider their case and to take a decision keeping in view the extant regulations of the organisation. However, by Annexure-A9 order their prayer was rejected and that made them to approach this Tribunal again.

3. The respondents have opposed the claim of the applicants. They did not file para-wise reply to the Original Application, but filed statement harping on Annexure-R1 communication dated 15.09.2009 of the Railway Board. According to them, in Annexure-R1 it was clarified that pensioners/family pensioners who possess RELHS card and avail OPD facility are not entitled for FMA, whereas those who possess RELHS card but do not avail OPD facility are entitled for the benefit. That means, it was mandatory on the part of such employees to satisfy two conditions that the pensioners/family pensioners are residing beyond 2.5 kms from the nearest Railway hospital/health unit and they are not availing OPD facility except in case of chronic diseases. Referring to the communication dated 15.07.2002, Annexure-A10, it is submitted that 'the pensioners/retirees who have exercised one time option for availing medical facility of OPD at Railway hospital/health units or to claim FMA and in cases where they had not earlier opted for FMA, the present option (only once) is exercised now only on the ground of change in in residence beyond 2.5 kms of Railway hospital/health unit.' According to them, on the basis of giving such option the applicants have become eligible and have been granted FMA, otherwise they are not entitled. So, the respondents have sought for dismissing the O.A.

"Subsequent to the issue of Board's letter No. PC- V/98/1/7/1/1 dated 7-2-2008, references were received from pensioners/family pensioners and banks seeking clarification as to whether those pensioners/family pensioners who are members of RELHS and availing OPD facility are also eligible for the Fixed Medical Allowance.

2. The matter has been examined and in reference to the Board's letter dated 7-2-2008 ibid, it is clarified that since actual enrolment under the Health Scheme is not mandatory, those pensioners/family pensioners who, in terms of Board's letter No.97/H/28/1 dated 23-10-97, are eligible to become members of the Scheme but are not actually enrolled are also entitled for grant of Fixed Medical Allowance. Pensioners/family pensioners who possess RELHS card & avail OPD facility are NOT entitled for Fixed Medical Allowance, whereas those who possess RELHS card but do not avail OPD facility (except in cases of chronic diseases, as defined in Board's letter No.2006/H/DC/JCM dated 12-10-2006) are entitled for Fixed Medical Allowance.

17. As rightly pointed out by the respondents, from Annexure-R1 it is very clear that pensioners/family pensioners who subscribed RELHS and opted to avail OPD facility are not entitled to FMA. On the other hand, those who possess RELHS card but do not avail OPD facility are entitled for FMA. In other words, those employees who opted for RELHS and made one time payment and opted for OPD facility could not have thought of getting FMA. After having opted for OPD facility with open eyes, it cannot be said that they should be given FMA on subsequent point of time. Irrespective of the form used, whether Annexure-A5 or Annexure-A2, intention is very clear. It is discernible whether one had opted FMA or OPD. The argument that 'the applicants could not make a meaningful option' lacks particulars and sounds superfluous.