Om Prakash vs Secretary And Anr

The applicant has filed this OA, seeking the following reliefs:-

"8.1 Quash the clarification letter No. 13-1/2018-CGHS/C&P/Pt-I/1679, dt. 7th Sep. 2018. Annexure-A/1 (impugned)

8.2 To direct the respondents to issue the permanent pensioners CGHS plastic card as per O.M. S.110011/2/2008-CGHS(P), dt. 20/5/2009 prevailing at the time of retirement of the applicant.

8.3 To direct the respondent to pay Rs. 50,000/- as to the cost of litigation.

8.4 Any other and future relief, which this applicant be found entitled to or this Hon"ble Tribunal deems fit and proper may also be awarded in favor of applicant and against the respondent.

It is the case of the applicant that due to pendency of departmental disciplinary inquiry, he could not apply for the permanent CGHS card as the CGHS authorities issue the permanent CGHS card only after allotment of PPO number and as such, when he had applied, he was issued temporary CGHS card i.e. for one year only, by depositing Rs. 6000/- i.e. 1/10 of life time contribution as per OM No.5.11011/2/2018-CGHS(P), dt. 20.05.2009 prevailing at the time of his retirement. The applicant has pleaded that he again applied on 01.06.2017 and 24.05.2018, to the respondent-3, for renewal of old CGHS card for the year 2017-18 and 2018-19 respectively, by depositing Rs. 6000/-each year, but the card issuing authority again directed him to deposit Rs. 12000/- as per revised orders vide OM dt. 09/02/2017. The applicant has submitted that the revised order can't be applied upon him as these revised orders vide OM No.S.11011/11/20116-CGHS(P)/EHS dated 09.02.2017 are applicable to the employees, retiring on 31-01-2017, though he had already retired on 31-12-2015. But the applicant was compelled to deposit Rs. 12000/- for renewal of card for the year 2017-18 and 2018-19.

The applicant has submitted that after issue of the PPO No. 431441804223 on 27.06.2018, now he is entitled to get the permanent CGHS card by depositing the balance contribution of 7 years as per OM dt. 20/05/2009, prevailing at the time of superannuation of the applicant. But the CGHS card issuing authorities are adamant and forcing him to deposit the contribution as per revised OM dt. 09/02/2017. In this regard, the applicant had submitted a representation dated 20.08.2018 (Annexure A/6), seeking a direction to the CGHS Card Section to issue ae permanent CGHS card charging 10 years subscription as per OM dt. 20-09-2009, prevailing at the time of his retirement but the same was rejected without application of mind. Hence, the applicant has filed the present OA.

The respondents have contested the OA and filed their reply. They have contended that the applicant had applied for CGHS Pensioner Card on the basis of Provisional Pension Certificate on 03.06.2016 and accordingly CGHS Card was issued with the validity of one year (upto 31.05.2017) as per OM dated 11.04.2017 (Wherein it has been mentioned that such pensioner have to make CGHS contribution on yearly basis). Thereafter Applicant had applied for renewal of CGHS Card on June, 2017 after revision of rates w.e.f. February, 2017 and accordingly his CGHS card was revalidated upto 31.05.2018 as per revised rate. Applicant had again applied for renewal of his CGHS Card in May 2018 and his CGHS card was renewed upto 31.05.2019 as per revised rate. They have drawn our attention to the OM dated 09.02.2017 issued from Ministry of Health & Family Welfare whereby Pensioners/Family Pensioners who are contributing to the CGHS on an annual basis and wish to continue to avail CGHS facilities will have to contribute at the revised rates upto the time of contribution needed to cover a period of total of ten years from the time pensioner CGHS card was issued for the first time to them. Hence, the Applicant has to deposit remaining 7 (Seven) years CGHS subscription with revised rates for obtaining Whole Life CGHS Card.

After hearing both the parties and perusing the records, it is quite clear that the applicant's CGHS card was revalidated after 31.01.2017 and it was clarified as per the OM dated 09.02.2017, that the Pensioners applying for CGHS pensioner card on annual/life time basis after 31.01.2017 will have to pay as per the revised rates effective from 01.02.2017 vide OM of even no. dated 13.01.2017. We also note that as per the rules, they have rightly issued the same when the applicant deposited CGHS subscription as per the revised rate. In view of the same, we do not find any illegality in the action of the respondents in charging the revised rates for issue of permanent CGHS card to the applicant. Hence, we do not find any merit in the OA and the same is accordingly dismissed. No costs.