Judgment :- V.G. Sabhahit, J. All these petitions are disposed of by this common order since they involve common questions of law and facts. 2. The main question that arises for determination in these Writ Petition is as to: "Whether the employees of the Post and Telegraph Department who have not availed the benefit of Central Government Health Scheme would be entitled to avail the benefit of the said scheme after their retirement on attaining the age of superannuation?" 3. The Central Administrative Tribunal, Bangalore Bench, in O.A.No.704/2001, answered the above question by holding that the Central Government Health Scheme can be availed by persons who have already retired from service including the persons who retire from the Posts and Telegraphs Department if they have not availed Central Government Health Scheme while in service. Being aggrieved by the same, the Central Government has preferred the above Writ Petitions and similarly, in all other petitions, which are clubbed Central Administrative Tribunal has followed its decision in O.A.No.704/2001. The Central Administrative Tribunal has followed the order passed in O.A.No.704/2001 dated 20.11.2001 subject to the result of Writ Petition No.6051/2002. Therefore, all these petitions are clubbed and disposed of by this common order. 2. The essential and material facts of the case leading upto the filing of the case in W.P.No.6051/2002 are as follows: The applicant before the Tribunal in O.A.No.704/2001 was working as Lecturer in the Postal Printing Centre, Mysore, who retired from service on 31.10.2000. The last place at which he served the Department, while attaining superannuation, was not covered under the Central Government Health Scheme and therefore, applicant could not avail the Central Government Health Scheme. After retirement, on attaining the age of superannuation, on 31.10.2000, since the petitioner proposed to stay and settle at Bangalore, wherein the benefit of Central Government Health scheme is available, he made a representation to the authorities for extending the said benefit in his favour after his retirement since he had undergone a major operation, i.e., kidney transplantation on 11.03.2000 prior to his retirement and for the said operation, all the facilities have been extended in favour of the applicant as per Rules. However, the said representation was rejected by the respondents holding that in respect of persons who have retired after service in the Post and Telegraph Department, they would be entitled to have the benefit of Central Government Health Scheme only if the applicants had availed Central Government Health Scheme facility while in service and at the time of retirement on attaining the age of superannuation. Being aggrieved by the same, the respondent/applicant filed O.A.No.70451/2001 before the Central Administrative Tribunal, Bangalore Bench. 3. The application was resisted by the respondents therein contending that there is a Circular issued by the respondent that in respect of persons who are retiring on attaining the age of superannuation in Posts and Telegraphs Department, would be entitled to Central Government Health Scheme facility only if they had availed such facility while in service an if the applicant had not availed the Central Government Health Scheme while in service, he would not be entitled for the benefit of the said scheme after retirement and that the application of the petitioner for grant of Central Government Health Scheme has been rightly rejected by the respondent. 4. 4. The Central Administrative Tribunal, after hearing learned counsel for the parties, by order dated 20.11.2001, held that the Central Government Health Scheme is applicable to only Central Government Employees even after the retirement on attaining the age of superannuation and it is not a condition precedent that they should have availed the Central Government Health Scheme on attaining the age of superannuation and the Central Government could not have issued a guideline or order excluding the benefit of Central Government Health Scheme to the persons who were working in Posts and Telegraphs Department unless they availed the benefit of the said scheme while in service and at the time of attaining the age of superannuation and the order issued by the Health Department in respect of the employees of Posts and Telegraphs Department is discriminatory, arbitrary and unjust and against the fundamental right conferred under Article 14 of the Constitution and accordingly held that the retired employees of Posts and Telegraphs Department also would be entitled to the benefit of Central Government Health Scheme, not withstanding the fact that they have not availed such facility while in service and accordingly allowed the application filed by the respondent in the Writ Petition and quashed the order dated 01.08.1996 and also on 05.01.2001 which was passed by the Department on the basis of the order dated 01.08.1996 and directed the respondent in the application to take immediate steps for extending the Central Government Health Scheme in favour of the applicant as has been envisaged under the Central Government Health Scheme, for the employees including that of the Posts and Telegraphs Department and further ordered that on application of the Central Government Health Scheme, the applicant shall be liable to refund the amount which has been received by him/her at Rs.100/-per month and the amount paid prior to the extension of the Central Government Health Scheme facility, shall not be liable to be refunded, as he could not avail the Central Government Health Scheme. Accordingly, the Central Administrative Tribunal allowed the application. 5. Being aggrieved by the order of the Central Administrative Tribunal allowing the application O.A.No.704/2001 passed by the Central Administrative Tribunal, Bangalore Bench, the respondent-Union of India, has preferred W.P.No.6051/2002 and other connected writ petitions. 6. We have heard the learned standing counsel appearing on behalf of the Central Government and the learned counsel appearing for the respondent. 5. Being aggrieved by the order of the Central Administrative Tribunal allowing the application O.A.No.704/2001 passed by the Central Administrative Tribunal, Bangalore Bench, the respondent-Union of India, has preferred W.P.No.6051/2002 and other connected writ petitions. 6. We have heard the learned standing counsel appearing on behalf of the Central Government and the learned counsel appearing for the respondent. The learned counsel appearing for the petitioner-Central Government submitted that, the Central Administrative Tribunal was not justified in allowing the application and permitting the retired employees of the Posts and Telegraphs Department to avail the Central Government Health Scheme, even if they had not availed of the said facility during their service as the Government Order has been passed to the effect that as the employees of the Posts and Telegraphs Department who have retired from service is entitled to Central Government Health Scheme facility only if they had availed such facility while in service as per order dated 01.08.1996 and therefore, denial of benefit of Central Government Health Scheme to the applicants who have not availed the benefit while in service is justified and the Central Administrative Tribunal ought to have dismissed the application. 7. Learned counsel for the respondent submitted that the employees of other department who retires from the Central Government have been permitted to avail the benefit of Central Government Health Scheme even though they had not availed the benefit of such scheme while in service and at the time of retirement on attaining the age of superannuation and therefore, the impugned order is discriminatory as the persons who retire from the Posts and Telegraphs Department are alone denied the benefit of Central Government Health Scheme if they had not availed of such benefit while in service. Therefore, the order of the Central Administrative Tribunal is justified and does not suffer from any illegality or irregularity and does not call for any interference in these Writ Petitions. 8. Learned standing counsel appearing for the petitioners in all the writ petitions, submitted that the Tribunal has allowed the application filed before it and permitted the retired employees of Posts and Telegraphs Department to avail the benefit of Central Government Health Scheme even if they had not availed the said benefit while in service and at the time of attaining the age of superannuation. Aggrieved by the said order, the Central Government has filed the above Writ Petitions. Aggrieved by the said order, the Central Government has filed the above Writ Petitions. The impugned orders in all other writ petitions passed by the Central Administrative Tribunal is made subject to the decision in Writ Petition No.6051/2002. 9. Learned counsel appearing for the respondent in the above Writ Petitions submits that the order passed by the Central Administrative Tribunal in O.A.No.704/2001 is justified and the same is followed in other writ petitions also and therefore, Writ Petition No.6051/2002 is liable to be dismissed and consequently, all other writ petitions are also to be dismissed following the order to be passed in W.P.No.6051/2002. 10. We have given our careful consideration to the contentions of the learned counsel for the parties and scrutinized the materials on record. 11. The material on record would clearly show the fact that the applicants before the Tribunal have retired from service on attaining the age of superannuation after serving in Posts and Telegraphs Department is not disputed. It is clear from the Office Memorandum issued on 17.12.1990 by the Department of Personnel, wherein the Central Government fixed the eligibility criteria for all the retired Central Government employees irrespective of any department for availing Central Government Health Scheme facility after retirement. Under Clause 1 sub-clause 1.1, 1.2 and 1.4 it has been categorically stated as follows: "1. ELIGIBILITY 1.1. All Central Government Pensioners (except Railway pensioners and Armed Forces Pensioners) who were eligible for availing CGHS facilities while in service are eligible for availing CGHS facilities after retirement. The scheme is also applicable to Central Government employees who retired with contributory provident fund benefits. Similarly families of Central Government employees in receipt of family pension are also eligible to avail of these facilities, if the deceased Government servant was eligible for these facilities while in service. 1.2. It is not that on those Central Government employees who were actually availing of CGHS facility during service are eligible to enjoy them after retirement. All retired personnel of Ministries, Departments, Offices which are eligible to enjoy CGHS facility while in service are eligible to enjoy them after retirement, even if immediately prior to their retirement, they were not actually availing or never availed these facilities on account of their posting to a station where CGHS facilities were not available. xxx xxx xxx xxx 1.4. All retired personnel of Ministries, Departments, Offices which are eligible to enjoy CGHS facility while in service are eligible to enjoy them after retirement, even if immediately prior to their retirement, they were not actually availing or never availed these facilities on account of their posting to a station where CGHS facilities were not available. xxx xxx xxx xxx 1.4. Even though CGHS facilities are at present available only at specified places and it may not be possible for Central Government pensioners living away from these places to avail of the CGHS facilities on day to day basis as in the case of persons living at these places, it may be in the interest of the pensioners to enroll themselves as beneficiaries of the CGHS scheme so that at least in the case of major ailments/major surgery they will be able to come to the CGHS station to avail of these facilities if and when such a need should arise." It is clear from the above said Government Order issued by the Central Government that even persons who had not availed Central Government Health Scheme facility before retirement, would be entitled to avail the benefit after retirement and the said order is applicable to all the employees in the Central Government. However, an order has been passed on 01.08.1996 imposing restrictions for applicability of the benefit of the Central Government Health Scheme only in respect of employees who have retired from Posts and Telegraphs Department and the applicants in all the O.As. are the respondents in the above Writ Petitions, who have retired from the Posts and Telegraphs Department and as per the order, they would be entitled to Central Government Health Scheme only if they had availed the benefit of the said scheme while in service and at the time of attaining the age of superannuation and if the retired employees of the Posts and Telegraphs Department were not availing the benefit of Central Government Health Scheme while in service, they would not be entitled for the benefit of the said scheme after retirement. The said order is clearly discriminatory and arbitrary as only the pensioners from Posts and Telegraphs Department are subjected to the said restriction and pensioners from all other department are entitled to the benefit of Central Government Health Scheme even though they had not availed the benefit while in service. The said order is clearly discriminatory and arbitrary as only the pensioners from Posts and Telegraphs Department are subjected to the said restriction and pensioners from all other department are entitled to the benefit of Central Government Health Scheme even though they had not availed the benefit while in service. Therefore, the said order cannot be sustained as arbitrary and discriminatory and violative of Article 14 of the Constitution of India and the employees/pensioners of the Posts and Telegraphs Department would be entitled to the benefit of Central Government Health Scheme even if they had not availed the benefit under the said scheme while in service and at the time of attaining the age of superannuation. 12. Having regard to the above said facts, the Central Administrative Tribunal has rightly held that the said order of the Government cannot be sustained and the consequential order rejecting the applications of the applicants for granting the benefit of Central Government Health Scheme is erroneous and liable to be set aside. The said finding of the Central Administrative Tribunal is justified and does not suffer from any error or illegality, so as to call for any interference in exercise of the writ jurisdiction of this Court. 13. Accordingly, we hold that the order passed by the Central Administrative Tribunal in O.A.No.704/2001 dated 20.11.2001 is entitled to be confirmed and Writ Petition No.6051/2002 is liable to be dismissed. The other Writ Petitions which arise out of the order passed by the Central Administrative Tribunal, wherein, the Central Administrative Tribunal has allowed the application and granted the benefit of Central Government Health Scheme even to the employees of Posts and Telegraphs Department, even though they had not availed such benefit while in service, following the order passed in O.S.No.704/2001 dated 20.11.2001 and subject to the result of the Writ Petition in W.P.No.6051/2002 and since the order passed by the Central Administrative Tribunal in O.A.No.704/2001 dated 20.11.2001 is confirmed, it is held that W.P.No.6051/2002 is liable to be dismissed. Similarly, we hold that the other connected writ petitions are also liable to be dismissed and accordingly, we hold that there is no merit in these Writ Petitions and accordingly pass the following: ORDER Writ Petitions are dismissed.