S SRINIVASA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner was a confirmed and regular employee of National Seeds Corporation Limited, respondent no. 2. He was in service for 28 years. The petitioner sought voluntary retirement i.e. VRS in January 1993. The job of the petitioner is not pensionable. The petitioner was covered under the Central Govt. Health Scheme, CGHS until the time of his voluntary retirement in Delhi. The petitioner was deprived of the said facility immediately after seeking voluntary retirement. The petitioner suffers from acute diabetes with associated complications and cardiac ailment. Recently, petitioner underwent heart surgery. Although, CGHS facility is extended to all retired Central Govt. employees, yet the same has been denied to the retired employees of NSC. They neither get this facility nor pension. Under these circumstances, the present writ was filed in the nature of mandamus directing the respondent to provide CGHS benefit to the petitioner. Initially, this case was filed against Union of India and National Seeds Corporation Limited. Ministry of Health and Family Welfare was impleaded as respondent no. 3 vide following order passed by this court on 11.9.2006 :-

(2.) Respondent no. 2 made the following averments. Petitioner has no legal right to get the above said facility. Respondent no. 2 is dependent on financial assistance of Ministry of Agriculture for its existence. Government does not provide any annual budget. Financial support to NSC for its revenue expenditure and all the expenditure has to be met by the NSC through its own resources. In nutshell, Government does not have any financial control over the functions of NSC. As per the Central Govt. Health Scheme, the medical facilities are provided by the Ministry of Health and Family Welfare, consequent upon contribution made by the employee and the employer. NSC is not competent to provide CGHS facilities to the retired employees. N.S.C. is not fully funded by Government of India as is SPA. NSC is a company incorporated under the provisions of Companies Act, 1956. It has an independent entity and its functions are on commercial basis. Government of India does not have any direct control on the day to day affairs of the company. NSC employees cannot claim to be government employees.

(3.) I have heard the petitioner in person and the counsel for respondent no. 2. Counsel for respondent no. 2 argued that he has no objection if the above said facility is granted in favour of petitioner/employees of N.S.C.