CHANDRASEKHARAN MENON Vs. UNION OF INDIA

JUDGEMENT

(1.) One of the retired Judges of the Kerala High Court staying in Cochin approached this Court by filing the original petition inter alia praying for the issue of a writ of mandamus to the Union Government to apply the Central Government Health Scheme to all retired Judges irrespective of their place of residence. He also prayed for the issue of a writ of mandamus directing the State Government to issue a Notification on the same terms as in Ext. P3 applying the benefits conferred by the said order to the retired Supreme Court Judges also to retired High Court Judges. A learned single Judge disposed of the O.P. by judgment dated 20-10-1994 by declaring that petitioner as well as all other retired High Court Judges and members of their families residing within the State of Kerala are entitled to the benefits envisaged under C.G.H. Scheme as for a retired Class I Officer of the Central Government. Learned Judge further observed that it is open to the Central Government or any authority prescribed under the C.G.H. Scheme to collect or realise the prescribed contribution amount from the retired High Court Judge concerned. Inspite of the above direction and observation made by the learned single Judge, nothing took place to extend the medical benefits to retired High Court Judges who are staying within Kerala. Thereupon petitioner in the O.P. moved C.M.P. 11295/95 praying for issue of appropriate direction to the Union and State Government for due compliance with the judgment of the High Court. When it came before the learned Judge who disposed of the O.P. he directed it to be placed before a Bench. Thus the matter has come before us.

(2.) Medical facilities for retired Judges of the High Court are dealt with in S.23D of the High Court Judges (Conditions of Service) Act, 1954. Clause (1) of that Section provides that every retired Judge be entitled for himself and his family to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Service Class I and his family are entitled under any rules and orders of the Central Government in force. Clause (2) of that Section further provides that notwithstanding anything contained in sub-section (1) a retired Judge of the High Court of a Stale may avail, for himself and his family any facilities for medical treatment which the Government of that State may extend to him subject to the conditions and restrictions as the Central Government may impose.

(3.) S.23C of the Supreme Court Judges Conditions of Service Act, 1958 states that every retired Judge shall be entitled, for himself and his family to the same facilities as respects medical treatment and on the same conditions as a retired officer of the Central Civil Services Class I and his family are entitled under any rules and orders of the Central Government for the time being in force. The said provision is virtually in pari materia with S.23D of the High Court (Conditions of Service) Act referred to earlier.