G SUKUMARAN NAIR Vs. ADJUTANT GENERAL

JUDGEMENT

(1.) The petitioner is a 76 year old Ex - serviceman whose old - age problems are accentuated by urological complaints. He is undergoing treatment at the Lissie Hospital and his present complaint is with regard to the nonavailability of medicines in the Ex - servicemen Contributory Health Scheme Poly Clinic at Ambalapuzha, whose Officer in charge is the third respondent. On the petitioner being told that certain medicines prescribed by his Doctor (Surgeon) is not available with the Poly Clinic, he had requested the Director General of Ex - Servicemen Contributory Health Scheme, New Delhi to make available such medicines. On such representation, the 1st respondent issued Ext. P5 order directing the 2nd respondent herein to procure and issue required medicine through Director General of Local Purchase. The said order is dated 06/09/2011. The petitioner however could not obtain the medicine and hence has approached this Court under Art.226 of the Constitution of India.

(2.) The petitioner's eligibility as a member of the Ex - service Contributory Health Scheme, is not in dispute. The learned Standing Counsel appearing for respondents 1 to 3 point out that by Ext. P6 the Officer in charge had requested the petitioner to contact the concerned Doctor so as to prescribe an alternate medicine. On going through Ext. P6, I also see that a Retired Colonel, who is the Officer in charge of the ECHS Poly Clinic, Alappuzha has requested the retired Havildar, a 76 year old man, 'not to write threatening letters'. It is unfortunate that a 76 year old Ex - service man is treated in this manner. The 2nd respondent seems to have forgotten that both himself and the petitioner are retired and he has no administrative or disciplinary control over the petitioner. His directions lack the lusture of a command. In any event in the true traditions of the Indian Army; of an officer leading his men in the battle field, the 2nd respondent ought to have taken the lead in ensuring the petitioner's safe sailing in the ocean of life (samsara sagara), during the eve of his life.

(3.) True the petitioner could have approached the Doctor for an alternative medicine. But the third respondent does not, in Ext. P6 reply, say anything about the efforts made towards procuring the medicine. The difficulty of an old man to traverse from Ambalapuzha to Ernakulam and back should have been considered by the 3rd respondent. An alternate medicine should have been insisted upon only as a last option that too, if on consistent efforts being made, the medicine could not be procured. The difficulties underlying the service of a considerable number of beneficiaries under the scheme, should have been addressed to the superiors rather than an old, ailing and needy beneficiary. The 3rd respondent also seems to labour under the belief that the scheme is in the nature of a free - service. While noticing that the scheme is a contributory one; it is also to be kept in mind that even a free - scheme introduced for the benefit of retired personnel, more so in the case of a retired jawan is not in the form of largesse but a note of gratitude for having braved the vagaries of nature and man to guard our nation. A retired officer of the Army surely need not be reminded of this.