T.A. No. 653/2009. Case: Anil Kumar Vs Union of India (UOI) and Ors.. Armed Forces Tribunal
| Case Number | T.A. No. 653/2009 |
| Counsel | For Appellant: S.M. Dalal, Adv. and S.R. Kalkal, Adv. and For Respondents: Ankur Chibber, Adv. and Ankur Chibber, Adv. |
| Judges | A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member |
| Issue | Army Act - Section 11 |
| Judgement Date | March 09, 2010 |
| Court | Armed Forces Tribunal |
Order:
A.K. Mathur, J. (Chairperson) and M.L. Naidu, Member (Principal Bench At New Delhi)
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The both petitions have been transferred from Hon'ble Delhi High Court to this Tribunal on its formation.
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Both these two petitions involve identical question of law, therefore, both are disposed of by the common order.
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For convenient disposal of both petitions facts given in T.A. No. 653/2009 titled 'Anil Kumar v. Union of India and Ors.' are taken into consideration.
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Brief facts which are necessary for disposal of this petition are that petitioner was enrolled in Army as a Sepoy on 22.08.1966 and while in service, contracted the disease known as Tuberculosis. He was invalided out of service on 18.05.1997 in medical category EEE. His disability was assessed as 100% and held attributable to military service. Thereafter, he started receiving disability pension and he thus acquired the status of 'pensioner' and 'ex-servicemen'. The Government of India vide its notification dated 30.12.2002 sanctioned a scheme knows as Ex-servicemen Contributory Health Scheme (in short ECHS) to cater to the health care of the pensioners. The main objective of this scheme is "to provide succour to pensioners, their wives, widows and authorized dependents and bring ECHS in line with medical schemes applicable to Central Government employees of other categories?. Petitioner after release from Army got married in the year 1998 and he applied to become the member of this scheme and he was enrolled as member of this scheme including his dependents i.e. wife, son, daughter and mother with effect from 21.09.2003. Thereafter, on 21.07.2006, he took his minor son at ECHS Poly Clinic Jhajjar for treatment but he was refused medical treatment on the plea that his dependents were no longer entitled to receive treatment under the scheme. Therefore, he filed a representation to the Managing Director, ECHS on 27.07.2006 against the refusal of benefit of this scheme to the dependants but the same was rejected on 04.08.2006 on the ground that as per policy dependents of ex-recruits who are earning disability pension are not permitted to be included in the ECHS benefits. Therefore, he sent a legal notice through his counsel to respondent No. 2 on 31.07.2007. The respondent No. 2 replied the said legal notice on 28.08.2007 denying him the benefit of the scheme. Hence, he filed the present writ petition before the Hon'ble Delhi High Court which has been transferred to this...
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