HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 21-4-2010 WRIT PETITION No.28264 OF 2009 Between: Mohd. Mujtaba Hussain. …Petitioner. And: The Government of India, rep. by the Secretary, Ministry of Health and Family Welfare, Government of India, Nirman Bhavan, New Delhi and others. ……Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.28264 OF 2009 ORDER: This writ petition is filed seeking to declare the action of the respondents in denying the Central Government Health Scheme (herein after referred to as ‘CGHS’) benefits to the petitioner at Hyderabad being a retired employee of National Council of Educational Research and Training (herein after referred to as ‘NCERT’) on the ground that the said benefit restrict to the employees of NCERT living in Delhi/New Delhi as illegal, arbitrary and consequently, direct the respondents to extend the CGHS benefits to the petitioner at Hyderabad forthwith. The case of the petitioner in brief is as follows He joined in NCERT as Assistant Editor (Udru) in its publication division in September, 1974 and retired as Editor (Urdu) in the month of July, 1991 after putting 17 years of service. After his retirement, he stayed in New Delhi till 2006 and availed CGHS in New Delhi vide Token No.P.020708. Owing to his old age and personal family circumstances, he returned to his native place i.e., Hyderabad in order to be nearer to his children for proper care and accordingly, he settled in Hyderabad. Since he shifted from New Delhi to Hyderabad and residing in Hyderabad, he made a representation on 1-11-2006 to the respondent authorities requesting them to extend the CGHS benefits to him at Hyderabad and his request was negatived stating that the CGHS facility will be extended to the persons who are residing in Delhi/New Delhi. In this connection, he made several representations to the authorities concerned by bringing to their notice about various orders passed by this Court observing that the action of the respondent-authorities in denying the benefit of the CGHS to the persons residing out side Delhi as illegal by directing the respondent-authorities to extend the said benefit to the persons residing in out side Delhi also. Similar question arose before this Court in W.P.No.1699 of 1995 and this Court allowed the said writ petition directing the respondent-authorities to extend CGHS facilities to the persons who are residing out side Delhi and the said order was confirmed in W.A.No.618 of 1998. In this view of the matter, the petitioner is also entitled for the CGHS facilities though he is residing in Hyderabad. The respondent-authorities instead of following the judgments of this Court, having extended the benefits to the petitioners in those writ petitions who are residing in Hyderabad, denying to extend the said benefit to him on the ground that there is no order in his favour. Hence, he constrained to file the present writ petition. A counter affidavit has been filed by the respondents 1, 3 and 5 in which it has been stated as follows: The CGHS is a major welfare scheme of the Central Government started in Delhi and later extended to other cities including Hyderabad. NCERT is an autonomous organization and not entitled for CGHS facilities. However, on a specific request from some autonomous/Semi Government Organization, the employees and pensioners of a few autonomous/Semi Government organization have been extended this facility on cost to cost basis in Delhi only. NCERT is one of such organization. The CGHS benefits are extended to the retired employees of NCERT residing at Delhi only and not extended to the employees or pensioners of the same organization outside Delhi. Under the cost-to-cost basis scheme, the organization has to pay the average actual expenditure per beneficiary. Such facilities are extended only to the pensioners residing in Delhi and the same was not extended to the pensioners outside Delhi. It would not be possible to extend CGHS benefits to the retired employees of non- entitled categories for taking treatment outside Delhi. The issue of the facilities are not extended to the retired employees of autonomous organization residing outside Delhi, was contested by the Department in W.P.No.1699 of 1995 also and Writ Appeal No.618 of 1998 was also filed by the Department. This Court has allowed to issue card on cost to cost basis to the petitioners and they were issued CGHS card by the department. The petitioners were allowed CGHS facilities based on that judgment. That cannot be taken as precedence. Hence not extending the facilities cannot be treated as illegal, arbitrary and unjust. Hence, this writ petition is liable to be dismissed. On behalf of 4th respondent-NCERT, the learned counsel has also submitted that the scheme is not extended to the employees working or pensioners living or residing out side Delhi and New Delhi. Heard the learned counsel for the petitioners and learned Assistant Solicitor General and perused the material available on record. The grievance of the petitioner is that he being an employee of 4th respondent Institution which is an autonomous body, was extended the medical facilities under CGHS when he was staying in Delhi vide token No.P-020708. Subsequently, he retired from service in the year 1991 and thereafter, he shifted to Hyderabad which is his native town. Even though he made a representation to the respondent-authorities to extend CGHS facility to him at Hyderabad, his request was negatived. On the earlier occasion in the similar situation, this Court in W.P.No.1699 of 1995 directed the respondents authorities therein to extend CGHS facilities to the persons who are residing out side Delhi and the same was confirmed in W.A.No.618 of 2008. Hence, he seeks to direct the respondent-authorities to extend CGHS benefits to him at Hyderabad forthwith. Having regard to the facts and circumstances of the case and in view of the principles laid down in an unreported Judgment passed by this Court in W.P.No.1699 of 1995 (Dr.Subba Rao vs. The Government of India represented by the Principal Secretary, Ministry of Health and Family Welfare Nirman Bhavan, New Delhi and others), I feel it just and proper in the interest of justice to direct the respondents-authorities to extend the CGHS benefits to the petitioner forthwith. Accordingly, this writ petition is allowed. No costs. __________________________ JUSTICE G.CHANDRAIAH Dated 21-4-2010. Note: Issue CC in one week. BO Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.28264 OF 2009 Dated 21-4-2010