Port Blair, Dec 27: The Government Pensioners Association, Andaman & Nicobar Islands has demanded to extend the facility of re-imbursement of medical claim to the pensioners of this UT and their dependent family members on taking treatment as an in-patient in a hospital at mainland including the airfare irrespective of the fact that he/she has been referred to mainland for treatment by the medical authorities of this UT or not. In a letter sent to the Secretary, Ministry of Health & Family Welfare, Govt. Of India, Shri S. Surender, General Secretary of the Government Pensioners’ Association has also demanded that benefit of CGHS facility may be extended to all the pensioners who retired after serving in Andaman & Nicobar Islands and presently settled in different State/UTs without any discrimination.
It has been brought to the notice of the Association by some of the pensioners who after getting retired from various departments of the A & N Administration and settled at a place in mainland where CGHS facilities are available that their request for enrollment in CHGS have been rejected by the authorities citing the Government of India, Ministry of Health & Family Welfare OM No. Z-15025/58/2017/DIR/CGHS/Pt dated the 21st July, 2017. In the said OM it was stated that serving employees/pensioners of Union Territories are not entitled to CGHS facilities. The reasons for coming to such a conclusion have not been described at all.
The Association pointed out that as per the Central Government Health Scheme, a large category of entities are eligible to join the scheme which includes all Central Government employees paid from the Central Civil Estimates (except Railways and Delhi Administration) including their dependant family members and Pensioners of Central Government (except pensioners belonging to Railways and the Armed Forces) and their family.
The Pensioners’ Association reminded the Government of India that the Ministry of Home Affairs vide letter No.43/26/6-ANL dated 01.02.1960 had unambiguously clarified that all orders of the Govt. of India, unless otherwise stated, are applicable to the employees of the A&N Administration as they are also Central Government servants. The Association has further pointed out that pension and other retirement dues of the employees were settled as per the CCS (Pension) Rules, 1972. The Association has pointed out that it is stipulated in the Govt. of India’s decisions No. 1 below Rule 2 of the CCS (Pension) Rules, 1972 that all the conditions of service as applicable to the Central Government employees are applicable to the employees of the Union Territory Administration.
The Association further said that in view of the CGHS Scheme, MHA’s clarification, provision of the CCS (Pension) Rules and various judicial pronouncements and more important to the dismissal of the SLP and Review Peition which were filed by the Union of India, the contention of the Ministry of Health & Family Welfare, as contained in the OM dated 21.07.2017, cannot be logically and legally sustainable as the judicial pronouncements are always superior over the executive/administrative orders as per our judicial system.
