CAT - ['Allahabad']
Social Security and PensionsAdministrative and Public Law

A switch from CGHS to fixed medical allowance is effective only from the date the option is exercised.

Raja Ram vs Secretary Ministry Of Defence

CAT - ['Allahabad']JUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
A switch from CGHS to fixed medical allowance is effective only from the date the option is exercised.. Raja Ram vs Secretary Ministry Of Defence. CAT - ['Allahabad']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant retired from the 508 Army Base Workshop on 31 March 2004.

Source reference: p. 1

During preparation of his pension papers, he opted for medical facilities under CGHS and gave an Allahabad address, although he stated that he intended to settle in Nainital district.

Source reference: p. 1

In 2017, he sought Fixed Medical Allowance (FMA) from April 2004.

Source reference: p. 2

After submitting a change-of-option form on 27 February 2018, he began receiving FMA from that date.

Source reference: p. 2

The respondents refused his request for arrears for the earlier period, relying on the date of his change of option.

Source reference: p. 2

The applicant challenged that refusal under Section 19 of the Administrative Tribunals Act, 1985.

Source reference: p. 1
02

Issues

1. Whether the applicant was entitled to FMA arrears from April 2004 to 26 February 2018, despite having opted for CGHS medical facilities on retirement.

Source reference: pp. 2–4

2. Whether the respondents’ refusal to grant retrospective FMA was contrary to the applicable rules or circulars.

Source reference: pp. 3–5
03

Law Applied

The application was brought under Section 19 of the Administrative Tribunals Act, 1985.

Source reference: p. 1

The Tribunal relied on the Department of Pension and Pensioners’ Welfare Office Memoranda dated 14 August 1998 and 30 December 1998, PCDA (Pension) Allahabad Circular No. 3 dated 30 March 1999, and PCDA Circular No. 117 dated 16 January 2014.

Source reference: pp. 3–4

Under Circular No. 117, a pensioner who initially opted for CGHS or a corresponding medical scheme may change the option to FMA, but FMA is authorised from the date of the change-of-option form, through a corrigendum PPO; the change does not operate retrospectively.

Source reference: p. 4
04

Reasoning

The applicant had opted for CGHS when his pension papers were prepared, and the recorded address was in Allahabad.

Source reference: p. 4

The Tribunal held that his stated intention to settle in Nainital did not itself change his medical-benefit option; he was required to submit the prescribed change-of-option form.

Source reference: p. 4

Since he did so only on 27 February 2018, Circular No. 117 supported payment of FMA from that date, not from retirement.

Source reference: p. 4

The fact that he had neither obtained nor applied for a CGHS card did not alter the option he had exercised.

Source reference: pp. 4–5
05

Holding

The Tribunal held that the applicant was not entitled to FMA arrears for the period from April 2004 to 26 February 2018 and found no infirmity in the impugned order dated 20 April 2019.

The Original Application was dismissed; the associated miscellaneous applications were disposed of, with no order as to costs.

Source reference: p. 5
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Allahabad']

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Raja RamvsSecretary Ministry Of Defence

CAT - ['Allahabad'] · October 01, 2026

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