SIVARAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was an employee of the Cochin Port Trust. He retired from Service and his wife is still working in the Cochin Corporation. The appellant and his wife were enjoying the benefits under the contributory outdoor and indoor medical benefits after retirement applicable to the retired employees and their spouses of the Cochin Port Trust. The appellant sought to quash Exts. P5 and P7. As per Ext. P5, the medical facilities given to the wife of the appellant were discontinued and by Ext. P7 it was clarified that the appellant's wife was not eligible for the benefit under free medical scheme. The appellant was denied the medical facilities for his wife on the ground that she was employed in the Cochin Corporation and that she was covered by a medical benefit scheme. The appellant contended as per Reg. 2(i) he is entitled to get the benefit of the scheme for his wife and it cannot be denied on the ground that she is gainfully employed elsewhere and covered by a medical benefit scheme. The relevant regulations are as follows: