UNION OF INDIA Vs. N NANJUNDAIAH

JUDGEMENT

(1.) All these petitions are disposed of by this common order since they involve common questions of law and facts.

(2.) The main question that arises for determination in these Writ Petitions is as to: "Whether the employees of the Post and Telegraph Department who have not availed the benefit of Central Government Health Scheme would be entitled to avail the benefit of the said scheme after their retirement on attaining the age of superannuation?"

(3.) The Central Administrative Tribunal. Bangalore Bench, in O.A. No. 704/2001. answered the above question by holding that the Central Government Health Scheme can be availed by persons who have already retired from service including the persons who retire from the Posts and Telegraphs Department if they have not availed Central Government Health Scheme while in service. Being aggrieved by the same, the Central Government has preferred the above Writ Petitions and similarly, in all other petitions, which are clubbed Central Administrative Tribunal has followed its decision in O.A. No. 704/2001. The Central Administrative Tribunal has followed the order passed in O.A. No, 704/2001 dated 20-11-2001 subject to the result of Writ Petition No. 6051/2002. Therefore, all these petitions are clubbed and disposed of by this common order. 3.1 The essential and material facts of the case leading upto the filing of the case in W.P. No. 6051/2002 are as follows : The applicant before the Tribunal in O. A. No. 704 /2001 was working as Lecturer in the Postal Printing Centre, Mysore, who retired from service on 31-10-2000. The last place at which he served the Department, while attaining superannuation, was not covered under the Central Government Health Scheme and therefore, applicant could not avail the Central Government Health Scheme. After retirement, on attaining the age of superannuation, on 31-10-2000, since the petitioner proposed to stay and settle at Bangalore, wherein the benefit of Central Government Health Scheme is available, he made a representation to the authorities for extending the said benefit in his favour after his retirement since he had undergone a major operation, i.e., kidney transplantation on 11-3-2000 prior to his retirement and for the said operation, all the facilities have been extended in favour of the applicant as per Rules. However, the said representation was rejected by the respondents holding that in respect of persons who have retired after service in the Post and Telegraph Department, they would be entitled to have the benefit of Central Government Health Scheme only if the applicants had availed Central Government Health Scheme facility while in service and at the time of retirement on attaining the age of superannuation. Being aggrieved by the same the respondent/applicant filed O. A. No. 704/2001 before the Central Administrative Tribunal. Bangalore Bench. 3.2 The application was resisted by the respondents therein contending that there is a Circular issued by the respondent that in respect of persons who are retiring on attaining the age of superannuation in Posts and Telegraphs Department, would be entitled to Central Government Health Scheme facility only if they had availed such facility while in service and if the applicant had not availed the Central Government, Health Scheme while in service, he would not be entitled for the benefit of the said scheme after retirement and that the application of the petitioner for grant of Central Government Health Scheme has been rightly rejected by the respondent.