HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 1515 OF 2007 Dated 17th DECEMBER, 2009. BETWEEN Union of India, rep. By its Secretary, Department of Pensions and Pensioner’s Welfare, Lok Nayak Bhavan, New Delhi and ors ….Petitioners and Shri Takkars Prabhakar Rao …Respondent. HONOURABLE SRI JUSTICE V. ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 1515 OF 2007 ORDER: ( Per Hon’ble Sri Justice Vilas V. Afzulpurkar) This Writ Petition is ﬁled by the Union of India questioning the order dated 11.10.2006 passed by the Central Administrative Tribunal in OA.No. 805 of 2005. In the aforesaid OA, the respondent herein had sought a direction that the facilities under the Central Government Health Scheme are extendable to him and consequently to reimburse the expenditure incurred by him for which he has already applied in accordance with the instructions contained in the aforesaid scheme. The Central Administrative Tribunal allowed the aforesaid OA by order dated 11.10.2006, directing the Central Government to extend all the facilities available under the Central Government Health Scheme to the respondent/applicant. Questioning the said order, the Central Government has ﬁled this Writ Petition. To day when the matter is listed for hearing, the learned Counsel for the respondent/applicant has brought to our notice Oﬃce Memorandum No. C.14012/11/2003-CGHS.Desk.1, dated 18.08.2009 issued by the Ministry of Health & Family Welfare, Department of Health & Family Welfare, New Delhi. Operative portion of the said Memo at Paragraph 5, reads as under: “The matter has been examined in consultation with the Ministry of Law & Justice and IFD in the Ministry of Health & Family Welfare and it has been decided with the approval of the competent authority that CGHS facility may be extended to those PSU absorbees who had commuted 100% of their pension and they have been restored 1/3rd portion of their pension after 15 years in terms of the order of the Honourable Supreme Court of India dated the 1st May, 1998, referred to above. The contributions to be made will be decided by the Grade Pay that they would now have drawn in the Government in the post held by them but for their absorption in the PSU.” It is therefore evident that in view of the said Memorandum, the Central Government Health Scheme facility is extended, in general, to PSU absorbees, which cover the case of the respondent herein also. Thus, the Central Government-writ petitioners have themselves implemented the scheme by redressing the grievance of the respondent as well as other PSU absorbees. In view of the same, the cause in the Writ Petition does not survive. The Writ Petition is therefore dismissed. No order as to costs. -------------------- -------------------- JUSTICE V. ESWARAIAH ---------------------------------------------- JUSTICE VILAS V. AFZULPURKAR Dated 17th December, 2009. Msnr.