T.A. ON RETIREMENT VS. POST RETIREMENT MEDICAL FACILITIES

T.A. ON RETIREMENT Vs. POST RETIREMENT MEDICAL FACILITIES

Grant of T.A. on Retirement, when a retired employee settles down in a station other than the last station of duty, is not some thing new introduced by ONGC. It was well in practice in a number of organisations including Central Government much earlier. Linking the same with the extension of medical facilities after retirement by the ONGC is 'oppressive' In terms of the medical rules of the Central Govt , which also apply on ONGC, pensioners/family pensioners also, have the option to get their names registered with any of the dispensaries under CGHS, but are eligible for getting treatment from any of the dispensaries at any city notified by the Central Government. It is not necessary that these pensioners/family pensioners should be living in the area covered under the CGHS.

In the above connection, verdict in the following court case relating to ONGC is worth taking-note:-

Some of the retired employees of Ankleshwar Project of ONGC, who availed TTA and opted for post retirement medical facilities at some other place other than Ankleshwar/Bharuch, have continued to avail of post retirement medical facilities from ONGC dispensaries at Ankleshwar/Bharuch. Therefore, their medical facilities from Ankleshwar/Bharuch were discontinued. 53 of such employees appealed in the Bharuch Court for restoring their medical facilities at Ankleshwar/Bharuch. As per the judgement of the Hon'ble Court, medical facilities were to be restored to those employees.On the appeal of the Project, Hon'ble High Court has upheld the decision of the lower court and held that the medical facility scheme is a welfare scheme and can not be equated wth the other rules of ONGC and TTA. Having regard to the interpretation and proposition laid by the Hon'ble High Court, ONGC concluded that there does not seem much scope for challenging the order of Hon'le Court in SLP with the view that medical scheme being a welfare scheme and the order of the Hon'ble High Court being tentative, the Hon'ble Sureme Court might not like to interfere with the order of the High Court. As a result, vide Office Note no.Ank/RC/PD/MF/2000/1584 dated 30/31-3-2000 of the Ankleshwar Project, Post Retirement Medical Facilities in respect of all retired employees, who were party to the pettition (SCS NO.65 AND 105 OF 1998) were restored.