IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.7518 of 2004 Between: The Defence Pension Disbursing Officer. … Petitioner And Seelam Prasad Rao. … Respondent This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.7518 of 2004 ORDER: - (Per Hon’ble Sri Justice A.GOPAL REDDY) This is an application filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records pertaining to O.A.No.1555 of 2002, dated 06.02.2004 from the Central Administrative Tribunal, Hyderabad Bench and to quash the same. Respondent/applicant before the Tribunal, who was superannuated from service on 01.02.2002, obtained a Pension Payment Order (for short, “PPO”) dated 31.10.2001 from the Principal Controller of Defence Accounts (Pensions) Allahabad (for short, “PCDA (P) Allahabad) indicating the amounts receivable by him i.e., the monthly pension, fixed medical allowances at Rs.100/- per month, in addition to that net retirement gratuity and capitalized value of pension per month, from the Pension Disbursing Office, Secunderabad and place of payment at Secunderabad. Since the date of retirement, the fixed medical allowances sanctioned in his favour at Rs.100/- per month has not been paid and hence he filed the above O.A.No.1555 of 2002 before the Central Administrative Tribunal for payment of the Fixed Medical Allowances at Rs.100/- per month payable as per the PPO No.CEng.19032/2—1, dated 31.10.2001, from 01.03.2002 with interest at 9% per annum. When the applicant approached the respondent-writ petitioner herein for payment of the same, the same has been denied on the ground that the petitioner is a resident of Begumpet, Hyderabad which falls within the area of CGHS, Begumpet, Medical facilities and medical facilities available hence he is not entitled to medical allowances as per circular dated 25.02.1998. The Tribunal by the impugned order allowed the O.A., holding that the PCDA while ordering the pension payment on 31.10.2001 must have taken into consideration all the circumstances of the case and the option exercised by the applicant for not availing the CGHS facility after retirement before issuance of the said order. Further, the petitioners/applicants erstwhile department also did not seek clarification in respect of the circular dated 25.02.1998 and 17.04.2000 or the sanction order dated 31.10.2001 issued from PCDA (P) Allahabad, who has not issued any amendment omitting the Fixed Medical Allowance from the above PPO dated 31.10.2001, although more than two years have passed since the date of sanction. The respondents are not justified in saying that the applicant cannot be paid the fixed medical allowances of Rs.100/- per month and accordingly allowed the O.A. Questioning the correctness of the same, the present writ petition has been filed contending that the order of granting Rs.100/- per month as Fixed Medical Allowance is subject to the eligibility of receiving the same by the respondent in pursuance of the instructions dated 25.02.1998. at the time of retirement for the purpose of receipt of pension, the respondent opened a Bank Account and while intimating that his pension should be credited to the said Bank and giving the address of the apploicant as resident of Begumpet, Hyderabad. Having regard to the said residency of the respondent and which falls within the area where CBGS Facilities are available and having regard to the instructions issued in circular dated 25.02.1998, the Fixed Medical Allowances of Rs.100/- per month will be paid if the pensioner exercised the option to pay the fixed medical allowances provided he resides in an area where no CGHS medical facilities are available, where the petitioner resides is not entitled to claim the fixed medical allowances on the ground he is not availing the CTGHS FAcilites though available to him in the area where the Government of India through Ministry of Personnel, Public Grievances and Pensions, Department of Pnesion also issued Office Memorandum dated 24.08.1998 and 17.04.2000, wherein it is stated that the pensioners who have not opted CGHS facilities at the time of retirement, are not entitled to Fixed Medical Allowance if they are residing in areas where CGHS facilities exist. The representation made by the applicant on 30.08.2002 seeking payment of fixed medical allowances as per the ppo, pursuant to the said representation, the writ petition sought for clarification that the PCDA pensions Allahabad on 20.09.2002. in view of the same, the tribunal allowed the O.A. erroneously. Respondent-party in person filed counter opposing the writ petition contending that the Ministry of Health and Family Welfare, New Delhi OM No.4-56/97-C&P/CGHS (P) dated 20.10.1997 issued certain clarifications permitting the existing pensioners as well as the future retirees shall have to exercise one time auction to avail of medical facilities under CGHS or other similar Health scheme of their respective Ministry/Department or to claim fixed medical allowance of Rs.100/- p.m. The applicant while function as Office Superintendent in the Office of Garrison Engineer (Air Force) Hakimpet, Secunderabad opted out of Central Government Health Scheme membership from 01.01.1998, as per the Part II order No.04 dated 27.01.1998. The applicant while serving in the office of the Commander Works Engineers (Air Force), Secunderabad, made his second option for payment of fixed medical allowance of Rs.100/- per month vide option dated 02.04.2001 and submit along with the pension papers to the CWE (AF), who countersigned and forwarded to Chief Engineer, Southern Command, Pune. The Chief Engineer to the Southern Command, Pune prepared pension claim and submitted the claim with pension papers and service book to Controller of Defence Accounts, Secunderabad for audit and onward submission to Principal Controller of Defence Accounts (Pensions), Allahabad. After completion of the formalities, PCDA (P) Allahabad issued PPO dated 31.10.2001 for a monthly payment of fixed medical allowance Rs.100/- per month in addition to the pension by paying agency i.e., DPDO, Secunderabad and place of payment at Secunderabad. In spite of the obtaining orders from the Tribunal on 16.02.2004, the said amount has not been paid on the ground that the pensioner is staying in Begumpet after retirement where the CGHS dispensary is functioning. After retirement his notified addresses mentioned the present address at Secunderabad whereas the permanent address at Jabalpur and village Elamarru for confirmation. Sri B.Mayur Reddy, learned counsel for the petitioner contends that the PPO granting Rs.100/- as fixed medical allowance is subject to his eligibility of receiving the same as per the circular instruction dated 25.02.1998. The said circular has not been furnished to the writ petitioner, where it redeems or modifies the earlier circular issued by the department No.45/57/97-P & PW (C), dated 19.12.1997. Chapter 4 of the CGHS Scheme deals with opting out of CGHS Scheme, as per the text of MH & FW, OM No.4-56/97-C&^p/CGHS (P), dated 20.10.1997 the option for Central Government servants to opt out of CGTHS would be available only twice during their whole service carrier and it should be recorded by the Administrative Ministry/Department by making an entry in the Service Book of the employee. Which has been made one time option through circular dated 19.12.1997, where the future retirees prescribes which prescribes that the future retirees option shall be obtained by the head of the office along with othe rpension papers and in case of retired employees, medical allowances, specific entry to the said effect will be made in both the HALS & PPO. The option out of CGHS benefit was also accepted by the Garrisen Engineer by order dated 27.01.1998 on the applicant filing form of option giving his existing address t house no.1-11-110/2 Charminar Buildings, hyderabad and where the Garrisen Engineer also made an endorsement that I have opted out of individual benefits with effect from 01.01.1998. The individual has surrendered his CGHS …. In view of the same, the Tribunal after taking into consideration, the circular dated 25.02.1998 issued by the ACDA (P), Allahabad while implementing the Government decision on the recommendations of the fifth CPC has stated that all the existing defence civilian pensioners/Family Pensioners in whose cases pension payment orders will be issued by the office upto 30.04.1998, will be treated as existing pensioners and shall become entitled ot the payment of medical allowance with effect from 01.12.1997 or th edate of commencement of their pension. Further in the circular also it is mentioned that grant of medical allowances in respect of future pensioners will be notified in the PPO issued after 30.04.1998 PPO. The another circular issued by ACDA (P), Allahabad dated 20.06.2000, which mention that Central Civilian Government Pensioners whose places of residence are not served by any CGHS dispensary even though they are living in CGHS covered cities, shall be granted the medical allowance of Rs.100/- per month and for this purpose, the effected pension will furnish an undertaking in the format prescribed in the O.M. and a certificate from the medical authorities f CGHS that the area where the pensioner is residing is not served by any dispensary under CGHS for being entitled to the fixed medical allowance of Rs.100/- by the respondent it is bound to pay the said amount. Since the petitioner has not produced the circular dated 25.02.1998 on which the reliance is placed to show that the earlier options made and sanction of medical allowances as per the proceedings dated 19.12.1997 are invalid and prohibited such medical allowances and further that grant of medical allowances in respect of future pensioner will be informed ….. after 30.04.1998. no such circular which was issued after 30.04.1998 has not been produced which disentitles the petitioner once opted to receive the fixed medical allowances. The order passed by the Tribunal do not call for any interference. Writ petition is accordingly dismissed. No costs. __________________ A.GOPAL REDDY, J ________________ NOUSHAD ALI, J 04th February 2010 lmv