IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 16760 of 2005(S) -------------------------- OA.955/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH & FAMILY WELFARE, DEPARTMENT OF HEALTH, NIRMAN BHAVAN, NEW DELHI. 2. THE DIRECTOR, CENTRAL GOVERNMENT HEALTH SCHEME, NIRMAN BHAVAN, NEW DELHI-110 011. 3. THE JOINT DIRECTOR, CENTRAL GOVERNMENT HEALTH SCHEME, THIRUVANANTHAPURAM. 4. THE CHIEF POST MASTER GENERAL, DEPARTMENT OF POSTS, KERALA CIRCLE, THIRUVANANTHAPURAM. BY ADV. SRI.TPM.IBRAHIM KHAN RESPONDENTS: ------------- 1. P.CHANDRAKUMARAN, SENIOR SUPERINTENDENT OF POST OFFICES (RETIRED), RESIDING AT SOUBHAGYA, KOVILAKAM KUNDU, MANJERI, MALAPPURAM DISTRICT-676 121. 2. THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, KOCHI-682 017. BY ADV. SRI.R.PREMCHAND FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE ORIGINAL APPLICATION NO. 955 OF 2003 ALONG WITH ITS ANNEXURES FILED BY THE FIRST RESPONDENT BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P2 PHOTOSTAT COPY OF THE REPLY STATEMENT IN ORIGINAL APPLICATION NO. 955 OF 2003 FILED BY THE PETITIONERS BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P3 PHOTOSTAT COPY OF THE BRIEF HISTORY OF THE CASE AND PARAWISE COMMENTS FURNISHED BY THE POSTAL DEPARTMENT IN EXT.P1 ORIGINAL APPLICATION VIDE THEIR LETTER NO. CC/3-70/03 DATED 19.11.2004 EXT.P4 PHOTOSTAT COPY OF THE ORDER DATED 7.12.2004 PASSED BY THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN ORIGINAL APPLICATION NO. 955 OF 2003. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 16760 OF 2005 -------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT Ramachandran Nair,J. This Writ Petition is filed challenging Ext.P4 order of the CAT directing the petitioners to give benefit of Central Government Health Scheme (CGHS) to the first respondent, a retired postal employee, who was applicant before the CAT. First respondent after retirement applied for CGHS benefit for treatment to his son who is said to be suffering from leukaemia. His case was that while in Bangalore he was contributing to CGHS and had CGHS card. However, he discontinued contribution and membership on his transfer to Palakkad which is not the area covered by CGHS and he is said to have retired from service at Palakkad. Consequent upon his retirement, first respondent wanted the benefit under CGHS for himself and his family members for which card was applied for. However, it was declined for the reason that facility was not available to employees of the postal department, railway or defence services. The Tribunal, however, followed the 2 decision of the Bangalore Bench of the CAT which allowed CGHS benefit to retired postal employees in that area. Even though this Writ Petition is filed petitioners have not stated as to what happened to the decision of the Bangalore Bench of the CAT. First respondent's challenge against denial of benefit to postal employees on the ground of discrimination is also not met by the petitioners in the Writ Petition. Even though WPC was admitted three years back, this Court also did not grant any interim order. Consequently, CGHS card would have been issued to the first respondent and he will be availing whatever benefit available under the Scheme. We do not think petitioners are seriously interested in the challenge against Tribunal's order, which could be established in this Court only if the petitioners demonstrate that first respondent is entitled to any alternate health benefit from the Government after his retirement. W.P.C. is devoid of any merit and is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3