Raja Ram vs Union Of India & Ors.

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

Brief facts of the case are that the applicant retired on attaining the age of superannuation on 31.03.2004 from 508 Army Base Workshop, Allahabad as an E M E Officer, Civilian. While pension papers were being completed an option for medical facilities under CGHS was rendered by the applicant. On the date of retirement, the applicant submitted an application to the respondent no.3 that he is intending to settle at Village Nawaard, Sailani, Post Office Phatehpur, Tehsil Haldwani, District Nainital, Uttarakhand. After superannuation the Government Servants who are residing outside of CGHS Area, are entitled for fixed Medical Allowance the rates of which have been revised from time to time. Later, in the year 2017, vide a letter dated 03.10.2017, the applicant submitted an application for payment of fixed medical allowance from April 2004 onwards to which the respondents replied that the applicant has already submitted option for availing CGHS facility at Allahabad by giving his address as MIG 249 Preetam Nagar, Dhoomanganj, Allahabad. The applicant submitted other applications dated 17.11.2017 and 04.01.2018. Thereafter, the respondent no.3 sent a blank certificate and form of option to be submitted duly completed for payment of fixed medical allowance which was submitted by the applicant along with the requisite documents after which the applicant is getting fixed medical allowance @ Rs.1000/- per month from 27.02.2018 onwards. The applicant submitted another applicant dated 08.03.2019 requesting for payment of fixed medical allowance from April 2004 but respondent no.3 denied the payment of arrears of fixed medical allowance from April 2004 to 26.02.2018 vide impugned order dated 20.04.2019.

Submission of learned counsel for the applicant is that the applicant was entitled for the fixed medical allowance from April 2004 as his address for shifting after retirement in Nainital District was already submitted to the competent authority at the time of retirement. The fixed medical allowance should have been paid to the applicant after getting amended PPO for payment of fixed medical allowance from April 2004 itself. It is submitted that the applicant was neither issued a CGHS card nor he had applied for it. Thus, it is argued that denial of fixed medical allowance from the date of retirement to the applicant is an arbitrary and illegal action of the respondents.

Submission of learned counsel for the respondents is that without change of option by the applicant this office is not in a position to initiate or change the prescribed option automatically for grant of FMA instead of Medical Facility under CGHS. After receiving of application from the claimant (applicant) to change the option, the office has prepared the claim in the light of PCDA Circular No.117 dated 16.01.2014 to issue corrected PPO to grant Fixed Medical Allowance in place of medical facility which is effective from the date of signature of the option form i.e. 27.02.2018. The applicant opted for medical facility as per Allahabad’s address as endorsed in pension documents. While the applicant had decided to settle down at another place which is different from the address mentioned in his pensionary documents he should have made a specific request to the competent authority in writing in the year 2004 itself which he failed to do so. It is submitted that after receiving the individual's application to change the option to grant of FMA, this office has processed the case and Corr. PPO bearing No. CCORRAOC000522018 dated 06.12.2018 was issued accordingly. It is submitted that as per DOPP&PW OM dated 14.08.1998 and 30.12.1998 and office of the PCDA (P), Allahabad Circular No. 03 dated 30.03.1999 and Circular 117 dated 16.01.2014, the option for ‘'Medial Facility’ and 'Fixed Medical Allowance' for the areas where CGHS facility are not available have been provisioned. The pensioner proceeding on pension is having his choice of option to get any one of the facilities by exercising his option. In the instant case the applicant on his retirement had opted for 'Medical Facility' giving his permanent address of Allahabad Station, where the area is covered under CGHS. On the other hand, the applicant claimed the T.A. charges of fare and freight having changed his permanent address as District Nainital. However, it may be evident from the document attached by the applicant at the Annexure No. A-7 of this original application that the actual shifting of date from Allahabad is approximately one year after he availed the Medical Facilities at Allahabad, and, claiming of arrears of FMA from the retrospective date is against the policy decision issued by the Government of India, DOPP & PW OM cited ibid. Thus, it is argued that the present original application is liable to be dismissed.

I have considered the rival submissions of learned counsel for the parties and perused the entire documents on record.

The applicant has claimed the arrears of Fixed Medical Allowance from his retirement with effect from April, 2004 while the respondents argue that since the applicant had duly exercised the option for Fixed Medical Allowance on 27.02.2018, he is being paid the same from 27.02.2018. Admittedly, while the pension papers were being completed an option for medical facilities under CGHS was rendered by the applicant with his permanent address at Allahabad. In such a case, even if the applicant expressed his intention to settle at Village Nawaard, Sailani, Post Office Phatehpur, Tehsil Haldwani, District Nainital, Uttarakhand, he was supposed to exercise his option with respect to which medical facility he wishes to avail. As per his own averment in the O.A., as disclosed in paragraph no. 4.10, the applicant was not in knowledge that fixed medical allowance is not being paid to him until 2017 and on communication with his colleagues he came to know about it. Thereafter, he submitted an application after which he was given an option form to be duly filled and submitted for exercising the change of medical facility which was earlier filled as CGHS at the time of preparation of the pension papers. It is also mentioned in the Circular No.117 dated 16.01.2014 as under:-

The applicant cannot presume that if he had opted for CGHS facility while preparation of pension papers, he will be granted Fixed Medical Allowance automatically after showing another address of settlement. The applicant should have duly exercised a change of option by filling the relevant form. Any such change in medical facility shall only be applicable from the date of exercising the option and not retrospectively which has been specifically clarified in the circular dated 16.01.2014. The argument of the applicant that he was neither issued a CGHS card nor he had applied for it, is irrelevant as applying for issuance of a CGHS card was the prerogative of the applicant and it has nothing to do with his option of availing any particular medical facility available to a retired government employee. Thus, in my considered opinion, there is no infirmity in the impugned order dated 20.04.2019 as the applicant is not entitled for grant of arrears of the Fixed Medical Allowance from a retrospective date and he has been rightly granted the same from the date of exercise of option by him for Fixed Medical Allowance in place of CGHS facility which was opted for earlier.

Accordingly, the O.A. stands dismissed. All associated M.A.s also stand disposed of. No order as to costs.