Delhi High Court
The Stc Ex-Employees Welfare ... vs The State Trading Corporation Of ... on 10 April, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: April 10, 2018
+ W.P.(C) 3454/2018 & CMs 13624-25/2018
THE STC EX-EMPLOYEES WELFARE ASSOCIATION
(REGD.) ..... Petitioner
Through: Mr. Arvind Nigam, Senior
Advocate with Mr. Rohit Jain and Mr. Gaurav
Jain, Advocates
versus
THE STATE TRADING CORPORATION OF INDIA LTD. AND
ANR. .....Respondents
Through: Mr. Tarkeshwar Nath, Mr. Onkar
Nath and Mr. Saurabh Kumar Tuteja,
Advocates
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
(ORAL)
1. Vide impugned Circular of 15th March, 2018, State Trading
Corporation Retired Employees' Medical Benefit Scheme, 1981 has been
reviewed on the ground of affordability and precarious financial position
of respondent-The State Trading Corporation of India Ltd. (hereinafter
referred to as 'STC'). Aggrieved by the aforesaid Circular, petitioner-
Association vide Representation (Annexure P-16) of even date, has
sought withdrawal of Circulars of the years 2013, 2017 and 2018, as the
said Circulars are said to be detrimental to the interest of ex-employees.
2. Learned senior counsel for petitioner-Association submits that the
relief claimed in this petition is confined to impugned Circular of 30 th
October, 2017 (Annexure P-13) and Circular of 15th March, 2018
(Annexure P-15). Attention of this Court is drawn to respondent-STC's
Communication of 3rd April, 2001 (Annexure P-5), which gives list of the
empanelled hospitals, to point out that reimbursement of the treatment
expenses at the said hospitals is at the approved rates of AIIMS and St.
Stephen's Hospital. So, it is submitted that there is no justification to
issue impugned Circulars of 30th October, 2017 (Annexure P-13) and 15th
March, 2018 (Annexure P-15). Reliance is placed upon an order of 7th
February, 2018 of a Co-ordinate Bench of this Court in W.P.(C) 506/2018
titled PEC Retired Employees Welfare Association v. Union of India and
Anr. to submit that a Circular similar to impugned Circulars has been
stayed, though the plea of financial stringency was the basis for issuing
the said Circular.
3. Alongwith the writ petition, copy of Representation of 15 th March,
2018 (Annexure P-16) is appended and its bare perusal reveals that the
relief sought in this petition was claimed by petitioner by way of
Representation (Annexure P-16). The response to query made in respect
of this Representation (Annexure P-16), is that petitioner does not know
about the fate of the said Representation.
4. Instead of tagging this petition with above-referred W.P.(C)
506/2018, it is deemed appropriate to call upon first respondent to give a
speaking response to petitioner's Representation (Annexure P-16) within
a period of four weeks from today and intimate its fate to petitioner
within a week thereafter, so that petitioner may avail of remedy against
the impugned Circular of 30th October, 2017 (Annexure P-13) and
Circular of 15th March, 2018 (Annexure P-15) as available in law, if need
be. Till it is so done, first respondent shall not reject the medical claims
while relying upon the impugned Circulars (Annexures P-13 & P-15).
5. With aforesaid directions, this petition and the applications are
disposed of.
Copy of this order be given dasti to counsel for the parties.
(SUNIL GAUR)
JUDGE
APRIL 10, 2018
s
