Central Administrative Tribunal KV CGHS Case

Last Updated on November 6, 2021 by Satish Mishra

This post is a summary of judgment wherein the applicant submitted that the representation seeking issuance of CGHS card to avail indoor medical facilities, as claimed in the present O.A, is pending consideration with the Competent Authority.

He suffered a statement that he would be satisfied if a direction is issued to the respondents to consider and decide his claim in accordance with the law. The Court held, “we deem it appropriate to dispose of the O.A., in limine, with a direction to the Competent Authority, amongst the respondents, to consider and decide the indicated representation (Annexure A-8) of the applicant in terms of OM dated 21.08.2015, by passing a reasoned and speaking order within two months from the date of receipt of a certified copy of this order.”

Also Read- R.S. Giri Assistant [Retd vs Union Of India

Judgment digest:

CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH

O.A. No.060/00091/2020

Applicant: 

N.K. Bhalla son of A.P.Bhalla, aged about 66 years, retired as Deputy Commissioner from Navodaya Vidyalaya Samiti, an autonomous body of Ministry of HRD Govt. of India and presently pensioner of KVS and resident of House No. 345, MDC, Sector 4, Panchkula, Haryana, – 134109 Senior Citizen (Group A)

Respondents:

  1. Union of India through the Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, New Delhi – 110011.
  2. The Director-General, Central Government Health Services (CGHS), Nirman Bhawan, New Delhi – 110001.
  3. Kendriya Vidyalaya Sangathan, 18, Institutional Area, Shaheed Jeet Singh

Marg, New Delhi – 110016 through its Commissioner.

  1. Kendriya Vidyalaya Sangathan, Regional Office, SCO 72- 73, Sector 31-A, Chandigarh through its Deputy Commissioner.

Quorum: 

HON’BLE MR. SANJEEV KAUSHIK, MEMBER (J)

HON’BLE MS. NAINI JAYASEELAN, MEMBER (A)

 Also Read- SUDHA BHARTI v. KENDRIYA VIDYALAYA SANGHTHAN 

Facts and evidence presented by both parties.

At the very outset, the applicant, who is appearing in person, submitted that the representation dated 05.06.2019 (Annexure A-8), seeking issuance of a CGHS card to avail indoor medical facilities, as claimed in the present O.A, is pending consideration with the Competent Authority. He, therefore, suffered a statement that he would be satisfied if a direction is issued to the respondents to consider and decide his claim in accordance with the law. He has also cited a case of one similarly situated person Smt. Sudha Bharti, who has been granted the relevant benefit, in compliance with a direction dated 06.10.2016 by the Principal Bench of this Tribunal in and O.A (No. 2472/2016), directing the respondents to consider her case in terms of OM dated 21.08.2015 by passing a reasoned and speaking order.

 Also Read- R P BATHLA v. KENDRIYA VIDYALAYA SANGHTHAN

Judgment:

In the wake of the above, we deem it appropriate to dispose of the O.A., in limine, with a direction to the Competent Authority, amongst the respondents, to consider and decide the indicated representation (Annexure A-8) of the applicant in terms of OM dated 21.08.2015, by passing a reasoned and speaking order within two months from the date of receipt of a certified copy of this order. The order so passed be duly communicated to the applicant. Needless to mention that the disposal of the O.A. shall not be construed as an expression of any opinion on the merit of the case. No costs.

Also Read- OA No. 180/00140/2021 – Central Administrative Tribunal

This post is written by Riya Singh.

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