LAWS(JHAR)-2012-12-70

UNION OF INDIA Vs. SACHIDANAND PRASAD

Decided On December 10, 2012
UNION OF INDIA Appellant
V/S
SACHIDANAND PRASAD Respondents

JUDGEMENT

(1.) It appears to be a petty matter of claim of Rs. 9775.76 only towards medical reimbursement bill of the applicant, who was employee in the Office of the Accountant General, Jharkhand, which was denied on the ground that there is a scheme of the Central Government known as "Central Government Health Scheme" (in short CGHS) whereunder medical reimbursement facilities is to be given to only those pensioners who have obtained CGHS Membership Card and such card is provided to the employees according to the availability of medical infrastructure in the city concerned. It is submitted by learned counsel for the writ petitioner that in a case when there are more number of pensioners in the City then according to seniority the pensioners are issued CGHS Card and who are excess to the capacity, are not given card and, therefore, they cannot be given CGHS Card. According to learned counsel for the writ petitioner, in view of the scheme as well as in view of the direction of the Central Government, the employees who do not possess the CGHS Card, they cannot be given medical reimbursement facilities.

(2.) In this case, claim of the applicant is that he though after retirement shifted to his native place but after some time he returned to Ranchi in the year 1996 and applied for the CGHS card in the year 1996 itself but that was issued in the year 1997 w.e.f. 27.8.1997. It was further submitted that before issuance of CGHS Card, the concerned pensioner suffered Heard problem. Therefore, he took the treatment outside the CGHS hospital.

(3.) The Tribunal in second round of litigation in O.A. No. 7 of 2003, directed the respondents to extend the benefit of the CGHS scheme to the applicant even for the period in question i.e., 1.01.1997 to 28.8.1997 and finalize the matter within a period of three months from the date of receipt of the order.