Disposed

The Stc Ex-Employees Welfare Association (Regd.) v. the State Trading Corporation of India Ltd. and Anr.

Delhi HC10 Apr 2018W.P.(C)/3454/2018

Case brief

AI extract

What is this about?

This order addressed a writ petition challenging circulars that restricted medical reimbursement for STC retired employees citing financial constraints. The court directed the respondent to provide a speaking response to the petitioner's representation and temporarily directed the respondent not to reject claims based on the impugned circulars until a response is given.

What did the court decide?

Respondent directed to reply to petitioner's representation within four weeks; rejected medical claims to not be allowed while relying on impugned circulars in the interim.

The Stc Ex-Employees Welfare Association… — Pension and Retirement Benefits | Delhi HC (2018)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of Order: April 10, 2018

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W.P.(C) 3454/2018 & CMs 13624-25/2018

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THE STC EX-EMPLOYEES WELFARE ASSOCIATION (REGD.) ..... Petitioner Through: Mr. Arvind Nigam, Senior Advocate with Mr. Rohit Jain and Mr. Gaurav Jain, Advocates

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versus

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THE STATE TRADING CORPORATION OF INDIA LTD. AND ANR. .....Respondents Through: Mr. Tarkeshwar Nath, Mr. Onkar Nath and Mr. Saurabh Kumar Tuteja, Advocates

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CORAM: HON'BLE MR. JUSTICE SUNIL GAUR

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O R D E R (ORAL)

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Vide impugned Circular of 15^th 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, petitionerAssociation 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.

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Page 1 of 3

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W.P.(C) 3454/2018

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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 15^th March, 2018 (Annexure P-15) . Attention of this Court is drawn to respondent-STC’s Communication of 3^rd 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 30^th October, 2017 (Annexure P-13) and 15^th March, 2018 (Annexure P-15) . Reliance is placed upon an order of 7^th 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.

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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.

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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

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Page 2 of 3

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W.P.(C) 3454/2018

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within a week thereafter, so that petitioner may avail of remedy against the impugned Circular of 30^th October, 2017 (Annexure P-13) and Circular of 15^th 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.

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Copy of this order be given dasti to counsel for the parties.

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(SUNIL GAUR) JUDGE

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APRIL 10, 2018 s

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Page 3 of 3

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W.P.(C) 3454/2018

The Stc Ex-Employees Welfare Association (Regd.) v. the State Trading Corporation of India Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

The Stc Ex-Employees Welfare Association (Regd.) v. the State Trading Corporation of India Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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