CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/001041
Appellant : Shri R.N. Abhilashi
Public Authority : Dte General of Armed Forces Medical Service.
(through Gp Capt Rajesh Vaidya)
Date of Hearing : 25.1.2010
Date of Decision : 27.4.2010
FACTS
:
The matter, in short, is tht the appellant retired as Captain from Indian
Army in 1970. It is his grievance that as per the prevailing policy, he has
been rendered ineligible for medical attendance at the Armed Force
Hospitals w.e.f. 1.4.2008. In this connection, vide his RTI application dated
18.4.2009, he had sought information on the following two points :-
(i) reasons for exclusion of the non pensionary Ex-Servicemen from
ECHS; &
(ii) the authority under which medical attendance for the non-pensionery
Ex-Servicemen has been withdrawn w.e.f. 1.4.2008.”
2. Director, AFMS (Coord) (CPIO) had responded to it vide letter dated
12.5.2009 stating that the PIO was not required to give his own opinion in
the matter. The AA had affirmed the decision of CPIO vide order dated
8.6.2009.
3. Hence, the present appeal.
4. Heard on 25.1.2010. Appellant present. The public authority is
represented by the officer named above. It is the principal submission of
Capt Abhilashi that withdrawal of medical attendance facility is arbitrary
and against the Army Order 8/98 which says that the term ‘Ex-service
Pensioners’ wherever used in AO 10/97 is replaced with the term ‘Ex-
servicemen’ and by this reason he is eligible for medical facilities.
5. On the other hand, Gp Capt Vaidya repells the interpretation of AO
8/98 made by the appellant. He is of the categorical view that as the
appellant is non-pensionery Ex-serviceman, he is not eligible for medical
facilities and that only pensionery Ex-servicemen are eligible for these
facilities.
6. It may be recalled that a similar matter had come up before this
Bench of the Commission in File No CIC/SM/A/2009/000276/LS (Capt
(Retd) Ramesh Kumar Seth Vs DGMS). The decision of the Commission in
the said case is extracted below :-
“6. Whether or not the retired SSC officers are entitled for the
medical facilities, it is not for the Commission to decide. It is for the
competent authority in the Indian Army to take a view in the matter.
As the appellant’s interpretation of AO 8/98 is at variance with that of
Col Bajpai, I think it would be expedient to request the Directorate
General of Armed Forces Medical Service, New Delhi, to have a
fresh look in the matter and inform the appellant accordingly in 08
weeks time. I hop that the matter will be handled by an officer not
below the rank of Major General who would formulate his opinion,
after affording an opportunity of hearing to the appellant.”
7. We hope that an appropriate decision would have been taken by
Directorate General of Armed Forces Medical Service by now. If so, the
decision taken in this matter by the above authority may be communicated to
the appellant herein by Group Capt Rajesh Vaidya.
Order reserved and pronounced on 27.4.2010.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the Act, to
the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Gp Capt Rajesh Vaidya
Dte General of Armed Forces Medical Service,
O/o The DGAFMS
M/o Defence, Pin-908713
C/o 56 APO
2. Col A.K. Vyas
G-6, D-Wing,
IHQ of MoD, Sena Bhawan,
Gate No 4, New Delhi.
3. Shri R.N. Abhilashi
715, Sector-28,
Arun Vihar, Nodia-201303