FIGHT FOR HUMAN RIGHTS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution of India seeks the following reliefs against the respondent no.1 Union of India and the respondent no.2 Medical Council of India: -

(2.) THE petition came up before us on 26th November, 2014 when after hearing the counsel for the petitioner at length we reserved judgment.

(3.) REFERENCE may also be made to the judgment of the Constitution Bench of the Supreme Court in Confederation of Ex -Servicemen Associations Vs. Union of India : (2006) 8 SCC 399 in which the claim of ex -defence personnel to full and free medical aid for themselves and their families as a fundamental right was for consideration; they were challenging the contribution demanded from them for the health care scheme introduced inter alia on the ground that since they were entitled to free and full medical aid while in service, they were entitled thereto post retirement also and on the ground that the members of the civil service were availing CGHS benefits during service as well post retirement. The Supreme Court negated the said challenge and held the classification between in -service and ex -service employees to be legal, valid and reasonable and further held that the extension of the benefits enjoyed while in service, post retirement cannot be claimed as a right.