Sharad Shamrao Pujari vs The Food Corporation Of India ...
2016 Latest Caselaw 5949 Bom

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                                                                    wp 3911.16.odt

                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                          
                            BENCH AT AURANGABAD

                          WRIT PETITION NO.3911 OF 2016




                                                  
     Sharad S/o Shamrao Pujari,
     age: 84 years, occupation: pensioner,
     Residing at Plot No.18,
     Kuteer Housing Society,




                                                 
     N-8, Cidco, Aurangabad 431 003                                  Petitioner

              Versus




                                        
     1        The Food Corporation of India,
              Having its Office located at
              Zonal Office (South) No.3,
                             
              Haddows Road, Chennai 600 006
                            
     2        The General Manager (ZE)
              FCI Head Quarters,
              New Delhi - 110 066

     3        The Executive Director (West)
      

              FCI Zonal Office (West), Mumbai                     Respondents

Mr. Hemant Survey & Mr. Kshitij Surve advocates for the petitioner Mr.S.B. Deshpande, Assistant Solicitor General for Respondent Nos.1 to 3. _______________

CORAM : R.M. BORDE & K.K. SONAWANE, JJ

(Date : 13th October, 2016.)

ORAL JUDGMENT (Per: R.M. Borde, J)

1 Heard.

2 Rule. With the consent of the parties, petition is taken-up

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for final decision at admission stage.

3 The petitioner is praying for issuance of direction to

respondents to enroll him as a Member of Medical Health Scheme

introduced by respondents for the benefits of retired

employees/departmental workers of the Food Corporation of

India, in furtherance of application tendered by the petitioner on

21.10.2015.

The respondent union has formulated a scheme, extending

medical benefits to the retired employees in the year 2000. The

petitioner has retired on attaining age of superannuation on

31.9.1990 from the post of Assistant Manager - Accounts, Food

Corporation of India. At the relevant time, there was no such

scheme, extending medical benefits to the retired employees,

formulated by the Central Government and only after a period of

ten years from the date of retirement of the petitioner, such

scheme was floated. To enable employees to avail benefits of the

scheme, employees were required to tender application. The

scheme was opened on three occasions. However, the petitioner

was never intimated by the employer in respect of existence or

opening of such scheme for the benefits of retired employees.

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5 It is pointed out that, on the last occasion, an opportunity

was extended by opening the scheme by issuing Circular dated

26.5.2008, with clear understanding that, the scheme will not be

opened thereafter. It was specified in the Circular that, the

scheme would be open for a period of six months to offer last

chance to retired employees/departmental workers, who could not

become members earlier, for various reasons. As a precondition

for participating in the scheme, an employee /departmental

workers and the surviving spouses were required to deposit

Rs.11,000/- or any amount equivalent to one months Basic Pay +

DA + DP, if any, drawn at the time of superannuation / death of

the employee / workers, whichever is higher, as a one-time

subscription. Paragraph No.5 of the circular dated 26.5.2008

stipulates that, the administrative authorities in the Head

Quarters/ ZOs/ROs/District Offices, as well as Manager (JR-L) in

the Head Quarters, were advised to nominate an official, who will

be responsible to ensure that, the intimation has been given to

each retired employee / departmental worker and spouses of

deceased employees / departmental workers at their last given

addresses.

6 The petitioner submits that, such an intimation was never

given to the petitioner on the last given address, at any point of

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time. As such, it was not possible for him to approach the

Authority, with a request to enroll him as a member of the

medical health scheme. Since the petitioner was never intimated

in respect of opening of the scheme, his application for enrollment

as a member, tendered beyond limitation, ought to have been

considered favourably.

7 An affidavit in reply has been presented on behalf of the

respondent, wherein, it has been stated that, the concerned office

of FCI i.e. Regional Office, Hyderabad is unable to trace out the

copies of communication given to the petitioner long back i.e.

during 2008 or prior, being very old record.

8 Petitioner has stated on oath that, he has never received

any communication in respect of opening of the scheme. The

petitioner, as such, cannot be penalized or put to any

disadvantage and cannot be denied the benefits of the medical

heath reimbursement scheme, which is provided for the benefits

of the retired employees.

9 In the facts and circumstances of this case, we direct the

respondents to consider the application tendered by the petitioner

for enrollment as a member of the medical health scheme

favourably, as expeditiously as possible and preferably within a

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period of eight weeks from today and enroll him as a member of

the scheme. The petitioner shall deposit the amount within

contemplation of the Circular dated 26.5.2008 with respondent

No.1, as expeditiously as possible, preferably within a period of

four weeks from today. On fulfilling the condition of deposit of

amount, the petitioner shall be enrolled as a Member of the

scheme and shall be extended benefits available under the

scheme.

10 With the directions as above, the writ petition is disposed of.

     11       Rule is made absolute accordingly.
      

     12       There shall be no order as to costs.
   





               (K.K. SONAWANE, J)                       (R.M.BORDE, J)





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