UNION OF INDIA Vs. R RANGARAJAN

JUDGEMENT

(1.) IN all these writ petitions, the question regarding availability of medical facilities to the retired employees of the Central Government, either under the Central Services (Medical Attendance) Rules, 1944 (hereinafter referred to as "the CS (MA) Rules) or the Central Government Health Scheme (hereinafter referred to as "the CGHS) and issuance of Central Government Health Scheme Card for availing such facilities, is the core issue. The various Original Applications were filed by different retired employees of the Central Government claiming reimbursement of medical expenses/benefit of medical facilities. For convenience, the Central Administrative Tribunal, which decided various applications in favour of the retired employees, is referred to hereinafter as -the Tribunal - and the retired employees, who were applicants before the Tribunal, are referred to as "the applicant".

(2.) THE basic facts and the basic questions involved in all these writ petitions are similar. The main orders of the Tribunal, on the basis of which subsequent orders have been passed are essentially contained in O.A.No.194 of 2001 and O.A.No.619 of 2002, which had been filed by the retired employees of the Central Government claiming medical reimbursement either on the basis of CS (MA) Rules, 1944 or the CGHS.

(3.) SIMILAR claims by the retired employees for reimbursement of medical expenses as indoor patients were the subject matter of litigation in the subsequent Original Applications filed by such retired employees. Such Original Applications have been allowed by the Tribunal by following the order dated 23.11.2001 in O.A.No.194 of 2001 and such orders are the subject matter of challenge in W.P.Nos.28587, 32770, 34081, 34143, 34510, 37025 of 2004, 1713, 10677 of 2005 and 9719 of 2007 filed at the instance of the Union of India.