R.S. GIRI ASSISTANT [RETD.] Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE

JUDGEMENT

(1.) THIS Original Application has been directed against the impugned order dated 03/08.10.2012 whereby the Respondent -Kendriya Vidyalaya Sangathan (KVS for short) rejected the request of the Applicant to continue to extend him the benefit of CGHS facilities to the Applicant.

(2.) THE brief facts of the case are that the Applicant was an employee of KVS appointed on 16.06.1980 and retried from its service on 31.12.20111 after attaining the age of superannuation. While he was in service, he was a regular subscriber of CGHS. Rather, it was compulsory for all KVS serving employees to be subscribers of CGHS. He was also issued with CGHS Card No. was 140735. His family members were also getting all CGHS facilities from CGHS dispensary, Kamla Nehru Nagar, Ghaziabad till his retirement. He had to surrender his card as directed by the KVS before his retirement. Unlike the retired Central Government employees and similarly placed employees retired from many of the autonomous bodies, he was denied the CGHS facilities on the ground that the retired employees of KVS are not eligible for the same. His representation dated 01.06.2012 was also rejected by the KVS vide the impugned letter dated 08.10.2012 wherein it was stated as under: -

(3.) THE Applicant has further stated that the benefit of CGHS was not available to the employees of KVSs situated in Hyderabad/Secundrabad till 1990. But, vide OM dated 23.04.1990, the Ministry of Health and Family Welfare extended the said facility to all the employees of KVS living in the aforesaid two cities. He has also stated that some of the retired KVS employees have filed OA No. 1297/2001 V. Satyanarayan, Secretary, Kendriya Vidyalaya Sangatshan Retired Employees Association Vs. Ministry of Health and Family Welfare before the Central Administrative Tribunal, Hyderabad Bench seeking a direction to the KVS and M/o Health and Family Welfare, DGHS to extend the benefits of CGHS to all the retired employees also. The Tribunal, vide order dated 30.08.2002 directed the Respondents to consider the representation of the Applicants therein and to dispose of it. The Respondent -Ministry of Health and Family Welfare/DGHS considered their request but rejected the same, vide order dated 25.11.2002. The relevant part of the said letter is as under: -