Supreme Court exempted pre-1996 retirees

Supreme Court exempted pre-1996 retirees

The Supreme Court of India has ordered that pre-1996 retirees are not required to pay the contribution being demanded by ECHS from the retirees pensioners and special pensioners. The order of the Supreme Court of India is as below

Supreme Court of India
Confederation Of Ex-Servicemen … vs Union Of India & Ors on 22 August, 2006
Author: C Thakker
Bench: Cji Y.K. Sabharwal, K.G. Balakrishnan, S.H. Kapadia, C.K. Thakker Balasubramanyan
CASE NO.:
Writ Petition (civil) 210 of 1999

PETITIONER:
CONFEDERATION OF EX-SERVICEMEN ASSOCIATIONS & ORS.

RESPONDENT:
UNION OF INDIA & ORS.

DATE OF JUDGMENT: 22/08/2006

BENCH:
CJI Y.K. SABHARWAL,K.G. BALAKRISHNAN,S.H. KAPADIA,C.K. THAKKER P.K. BALASUBRAMANYA

Last para of judgement.

For the reasons aforesaid, the writ petition deserves to be partly allowed. Keeping in view totality of facts and circumstances, in our considered view, the ends of justice would be met if we hold the Ex-servicemen Contributory Health Scheme, 2002 (ECHS) to be legal, valid, intra vires and constitutional but direct the respondent-Government either to waive the amount of contribution or to pay such amount on behalf those ex- servicemen who retired prior to January 1, 1996 and who intend to avail medical facilities and benefits under the said scheme by exercising option by becoming members of ECHS. In other words, it is open to ex- defence personnel, who retired prior to January 1, 1996 to become members of ECHS and to claim medical facilities and benefits under the said scheme without payment of contribution amount. They are, however, not entitled to claim medical allowance in future. The writ petition is accordingly disposed of. Rule is made absolute to the extent indicated above. In the facts and circumstances, however, parties are directed to bear their own costs. …..
End of judgement….

Hence there is no need of one time contribution to echs by 10 years sp holders.

Even this matter is clearly mentioned in indian navy echs website corner.As follows

Supreme Court Judgment. Supreme Court has given judgment regarding exemption of ECHS Contribution for Pre-1996 Retirees. Armed Forces Veterans who are drawing pension form Controller of Defence Accounts and who have retired before 01 Jan 1996 are exempted from payment of contribution under Ex-Servicemen Contributory Health Scheme. However, they have to apply for membership on the prescribed application form attaching all relevant documents except the MRO. The issue of refund of contribution to those Pre- 01 Jan 96 Retirees, who have become ECHS members, is sub-judice and action will be taken as per the ruling given by the Govt.

VSWA Team on 27-09-2018 at SC
VSWA Team on 27-09-2018 at SC

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