THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE KG SHANKAR WRIT PETITION No.22333 OF 2010 ORDER:: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue a writ of mandamus directing the respondents to issue to the party-in-person-petitioner permanent Central Government Health Scheme (CGHS) card by receiving the total sum of Rs.4,800/- as contribution for 120 months @ Rs.40/- per month as per the rules and on par with other central government pensioners. 2. The facts stated are that the petitioner when he was working as Section Officer in CGDA’s Office, New Delhi, was sent on deputation to MIDHANI, Hyderabad, with effect from 27-1-1975 and retired from service on 31-7-1976 on his permanent absorption in MIDHANI. It is the contention of the petitioner-party-in-person that if a permanent card had been issued to him in 2005, after collecting 120 months contribution at the then prevailing rate of Rs.40/- per month, as is done in the case of central government pensioners, he would have paid only Rs.4,800/- and since he had already spent Rs.3,270/- so far towards renewal/extension of temporary card for six months, a permanent card should be give to him by collecting the balance of Rs.1530/-. The respondents in the counter affidavit stated that the Hon’ble Supreme Court in Welfare Association of Absorbed Employees in Public Sector Enterprises Vs. Union of India (1996 (2) SCC 187), directed the them to treat the (public sector undertaking) PSU absorbees on par with the other central government pensioners and provide facilities. It is stated that pursuant thereto, the Ministry of Health & Family Welfare issued orders on 18-8-2009 vide OM No.C-14012/11/2003/CGHS (Desk-I), extending the CGHS benefits to PSU absorbees. It is stated that the contributions to be made will be decided on the basis of grade of pay that they would now have drawn in the government in the post held by them, but for their absorption in the PSU and the petitioner has to pay the revised contribution of Rs.225/- per month as in the case of other pensioners who are CGHS beneficiaries covered under the scheme. It is further stated that as the contribution rates have been revised, the petitioner cannot ask for old rates for renewal of the card. 3. Heard the petitioner-party-in-person and the learned standing counsel for central government appearing for the respondents. 4. The main grievance of the petitioner is that he and other PSU absorbees pensioners were discriminated from other pensioners who have permanent cards by remitting contribution for 120 months at the rate prevailing as on the date of admission to CHGS benefits and this discrimination shown is not based on any intelligible differentia. Now the question that falls for consideration is as to determination of the rate of contribution to CGHS for issuance of permanent card is the date of admission or the date of renewal. It is observed by the Tribunal that when the issue of petitioner’s CGHS card renewal came for consideration before the Tribunal, the petitioner gave an undertaking that he will remit the balance amount in case the Tribunal gives a direction to that effect and recording his undertaking, the Tribunal directed the respondents to renew his CGHS card on an annual basis or issue a permanent card with life validity as per the rates mentioned in Government memo dated 20-5-2009. It is pertinent to note that in the government memo dated 20-5-2009, reasons were stated for revision of rates. Whenever one seek for renewal of existing facilities, he has to abide by the revised rates and in the instant case, as the operating cost of CGHS scheme has gone up, the rates are revised. Therefore, we do not find any merit in the petitioner’s contention that the PSU absorbees should be allowed to renew their cards or get a permanent card by paying contributions at the old rates. In the circumstances, the writ petition fails and it is accordingly dismissed. There shall be no order as to costs. ___________________________ GHULAM MOHAMMED, J _____________________ KG SHANKAR,J Dated 14-2-2011 Nrg