Late CGHS Applications Subject to Revised Subscription Rates Prevailing at Date of Application, Regardless of Retirement Date

The Petitioner superannuated on 30.04.2016 as Assistant Controller of Accounts

Post-retirement, he settled in a non-CGHS area

At the time of his retirement, the monthly CGHS contribution was ₹325 based on the 2009 Office Memorandum (OM)

On 09.01.2017, the Ministry revised the rates to ₹650 w.e.f. 01.01.2017 following the 7th Central Pay Commission

The Petitioner applied for a life-time CGHS pensioner card on 03.03.2017 but was asked to pay the revised lump sum of ₹78,000 (₹650 x 120 months)

He challenged this before the Central Administrative Tribunal (CAT), claiming the old rate of ₹325 applied to him. CAT dismissed his O.A. and subsequent review, directing him to pay the revised rates while ordering the respondents to pay/adjust his Fixed Medical Allowance (FMA)

1. Whether the Petitioner's subscription for a life-time CGHS pensioner card is governed by the pre-revised rate (OM dated 20.05.2009) or the revised rate (OM dated 09.01.2017)

2. Whether the Petitioner is entitled to an enhanced Fixed Medical Allowance (FMA) of ₹1000 per month from 01.07.2017

Para 5(v) of the Office Memorandum (OM) dated 09.01.2017, which stipulates that pensioners who have not yet obtained a CGHS card must pay contributions based on the revised pay levels as if they were still in service

The term "subscribing" under Para 5(i) requires actual payment of fees, not merely applying for the scheme

The principle from Nazir Ahmed v. King Emperor, holding that where a power is given to do a certain thing in a certain way, it must be done in that way or not at all

OM dated 19.07.2017, which enhanced the allowance to ₹1000 w.e.f. 01.07.2017

The Court noted that the OM dated 09.01.2017 superseded all earlier instructions

Although the Petitioner relied on Para 5(i) (allowing for retirement-time rates), the Court found he had not "subscribed" to the scheme because he had not paid the requisite fees at the time of retirement

The Court held that Para 5(v) specifically covered his situatuion as a pensioner who had "not so far got his card made," making him liable for the revised rate of ₹650 applicable "now"

Even though subsequent OMs (dated 13.01.2017 and 21.02.2017) extended application deadlines, they did not alter the fact that the prevailing rate as of 31.01.2017 was the revised ₹650

Regarding FMA, the Court observed that though CAT directed payment at ₹500, the OM dated 19.07.2017 had since increased this amount to ₹1000

The Court clarified that the Petitioner is entitled to FMA at ₹500 per month from 01.05.2016 to 30.06.2017 and at the enhanced rate of ₹1000 per month from 01.07.2017 onwards, provided he remains eligible. The respondents were permitted to adjust these FMA arrears against the ₹78,000 lump sum owed by the Petitioner