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2023 DIGILAW 15 (UTT)

Ganpat Singh Bist v. State of Uttarakhand

2023-01-04

MANOJ KUMAR TIWARI, VIPIN SANGHI

body2023
JUDGMENT Vipin Sanghi, CJ. - Issue notice. 2. Learned counsel for the respondent appears and accepts notice. IA No. 4/2022 (STAY APPLICATION). 3. By this application, the petitioner seeks stay of the advertisement dated 26.08.2022, issued by the respondent during pendency of the present petition. 4. The petitioner preferred the present Public Interest Litigation, primarily raising a grievance with regard to the mandatory deduction that the respondent-State was making from the pension of the pensioners to provide the coverage under a medical scheme of the State. 5. The grievance of the petitioner was that such a mandatory deduction was unfair, and the pensioners should have been granted an option whether they wish to join the said scheme or not. 6. On 15.12.2021, this Court directed the State not to deduct the amount from the pension of those, who are not taking the benefit of the said scheme, namely, the Atal Ayushman Uttarakhand Scheme, during pendency of the writ petition. 7. In terms of the said order, the respondent issued an order dated 07.01.2022, directing immediate cessation of deduction of the contribution towards the scheme from the pension of the pensioners, and also calling for options from the pensioners within one month; whether they wish to remain a part of the said scheme or not. 8. The petitioner submits that the respondents have now issued a communication dated 20.09.2022, by which time was granted upto 25.09.2022 to those pensioners, who had not earlier opted out for the scheme, to opt out the scheme, if they so desired. It is further stated that pensioners, who had given the option to opt the scheme earlier, could join the scheme by changing their option by 25.09.2022, and those, who had not filed any option earlier and want to remain in the State Government Health Scheme, then they need not fill in any option, and they will automatically be considered as included in the scheme, and the contribution due from such pensioners will be fully deducted from 1st January, 2022 onwards. 9. The relevant aspect of the letter dated 20.09.2022, reads as follows:- ' In the meantime, according to the subject line, the State Health Authority, Uttarakhand has issued a release in the daily newspapers on 25.08.2022 and 19.09.2022. 9. The relevant aspect of the letter dated 20.09.2022, reads as follows:- ' In the meantime, according to the subject line, the State Health Authority, Uttarakhand has issued a release in the daily newspapers on 25.08.2022 and 19.09.2022. (Attached) In compliance with the mandate and release, the following arrangements has to be done in the IFMS portal for the state pensioners to get their consent/disagreement for their inclusion in the state government health scheme: - - Such state pensioners of the state who had not given the option to opt out of the scheme in the past, and want to opt out of the scheme, can change their option on the IFMS portal by 25.09.2022. Monthly contribution of such state pensioners should not be deducted and medical claims for OPD medical reimbursement benefits should closed on IFMS portal. - Such state pensioners of the state who had given the option to opt out of the scheme earlier, can join the scheme by changing their option till 25.09.2022 on the IFMS portal. - Such state pensioners of the state who had not filed any option earlier and want to remain in the state government health scheme, then they do not need to fill any option. They will automatically be considered included in the scheme and the contribution due from such pensioners will be fully deducted from January 01, 2022. This deduction of month September 2022, which is payable in October 2022 will be deducted outright.' 10. Mr. Negi submits that once again the respondents have mandated that those, who do not opt out the scheme, shall be included in scheme by default. He further submits that those, who may have expressly opted for the scheme, or may be deemed to have opted for the scheme, have not been given any option to opt out of the scheme at any subsequent stage. 11. So far as the first aspect is concerned, we are of the view that there is nothing wrong in the manner, in which the options have been invited, and the respondents could proceed on the basis that those, who do not opt out for the scheme, shall continue to remain part of the scheme. However, we find merit in the grievance raised by Mr. Negi that even those pensioners, who have opted for the scheme, should have an option to exit the scheme as and when they desire. However, we find merit in the grievance raised by Mr. Negi that even those pensioners, who have opted for the scheme, should have an option to exit the scheme as and when they desire. They cannot be bound down for their life to remain part of the scheme if they have either expressly opted for the scheme, or are deemed to have opted for the scheme. 12. We, therefore, direct that the respondents-State should permit the pensioners, who have opted to join the scheme either expressly, or under the deemed clause, to opt out for the scheme, at any point of time. If they exercise their options to opt out for the scheme, their contributions deduction should stop and be not deducted from the subsequent year of coverage. 13. With these orders, we dispose of this petition. 14. It shall be open to the individual pensioners, who are entitled to seek refund, to pursue their claims for that purpose. All such claims shall be examined on their own merit.