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HON'BLE DR. K B S RAJAN, JUDICIAL MEMBER As the issue involved in the two O.As is one and the same, these O.As are dealt with in this common order.

2. Facts in OA No. 506/2008 :

The applicant initially joined Railway Service as a Casual Labourer of Construction Organisation in February, 1973 and later on with effect from 01.01.1981, he was awarded temporary status followed by regular absorption with effect from 10.03.1997. He superannuated on 31.01.2008. For the purpose of pensionary benefits, his services were taken into account to the extent of full service on regular basis from March 1997 to January 2008 and half the temporary service from 01.01.1981 to 09.03.1997. This constituted about 19 years of qualifying service under the Pension Rules. In so far as entitlement to medical facilities after retirement is concerned, Para 610 of Chapter VI of Medical Attendance and Treatment of the Indian Railway Medical Manual, vide Annexure A1 is applicable. In the wake of the 4th Central Pay Commission recommendations, the scheme of medical facilities was modified and a new scheme called Retired Employees Liberalised Health Scheme (RELHS) was introduced from September 1988 vide Annexure A2.

9. In the wake of the IV CPC the above scheme was modified, vide Annexure A-2, Retired Employees Liberalised Health Scheme (RELHS) which inter alia reads as under:

"Subject : Retired Employees Liberalised Health Scheme (RELHS)  Introduction of .
The IV Central Pay Commission had recommended that the Ministry of Railways may examine the improvements that will be necessary in extending further facilities of medicare to retired railway employees. They had also recommended provision/replacement of artificial aids after retirement in certain cases. The medical benefits, as available in Railway Hospitals/Health Units, were extended to retired railway employees, under Retired Railway Employees Contributory Health Scheme, introduced vide Board's letter No.64/H/1/2 dated 11-3-1996, as amended from time to time. The Ministry of Railways have considered the matter and have decided to introduce a Retired Employees Liberalised Health Scheme (RELHS).
(i)All serving Railway employees desirous of joining the Scheme will be eligible to join it in accordance with the procedure laid down herein under 'Mode of joining'.
(ii)All retired Railway employees who are presently members of the existing RELHS will automatically be included in the RELHS'97.
(iii)Spouse of the Railway employees who dies in harness.

These orders are not applicable to those Railway servants who quit service by resignation.

11. A further modification took place in October, 1997 vide Annexure A4, which interalia reads as under:

2.3 Refund : pre-1.1.96 Retirees who have already joined the RELHS-97 Scheme will be entitled to claim reimbursement of the amount paid in excess of the sum of two months pension as revised by the V Pay Commission. However, the claim for refund, if any, would be preferred only after final revision of pension in terms of Board's letter No. F(E)111/98/PN1/29, dated 15.1.99.
2.4 Benefits under the RELHS97 Scheme :
RELHS beneficiaries will be provided full medical facilities as admissible to serving employees in respect of medical treatment, special investigations, diet and reimbursement of claims for treatment in government or recognised non railway hospitals. They will also be eligible, inter alia, for (a) ambulance services (b) medical passes